Equal Employment Opportunity
Tips & Advice to help you make your decision on Equal Employment Opportunity
Equal employment opportunity is one of the many issues businesses and industry must face. Complying with federal and states laws regarding hiring processes is required. Failure to comply can result in fines and even business closure.
The Civil Rights Act of 1964, Title VII, was the first of a series designed to protect the rights of U.S. workers. This law made it illegal to discriminate based on color, race, sex, national origin or religion in hiring procedures. In 1965, Executive Order 11246 was signed by President Lyndon Johnson to prohibit federal contractors from discriminating against workers.
Regulations that are more recent include the Age Discrimination Act designed to protect workers over the age of 40. The Americans with Disabilities Act of 1990 protects a wide range of workers with disabilities. Employers do have some leeway with disability regulations. An employee must be able to perform the required work without undue hardship on the employer.
Litigation can begin in a local court system and be taken as far as federal court. The cost to businesses in defending themselves against employment discrimination suits can be significant, and the process is time consuming.
When it comes to equal employment opportunity, knowledge of the laws and compliance are critical. Business.com provides reference links to assist you in complying with laws regarding hiring practices.
Equal Employment Opportunity Rules
Train throughout your company to stay on trackBy Holly Ocasio Rizzo, Writer and editor Holly Ocasio Rizzo Everything you do involving personnel, from advertising a job opening to saying goodbye, is governed by equal employment opportunity laws. It's a big field, including anti-discrimination laws covering race, ethnicity, gender, age, ability and family status. The best approach is prevention of possible violations. To do this, take three key actions:
- Know the at least the basics of equal employment opportunity law, maintain a library in which to look up specifics, and call on legal advisers when you're not sure.
- Train employees to prevent EEO violations, such as harassment of other employees.
- Let your staff know that you not only follow the law but also embrace it.
Know their rights – and yours
It's important to know what you need to do to comply with EEO laws and when you may be exempt. For state compliance rules, check with your state's labor department.
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The U.S. EqualEmployment Opportunity Commission maintains Web pages specifically covering small-business owners' concerns.
Train your management
The government and private training companies can help you become adept at handling EEO issues.
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The EEOC Training Institute offers manuals, on-site training and seminars around the nation. ELT – Employment Law Learning Technologies provides online training programs in harassment, hiring and termination, and general EEO issues.
Teach your employees, too
Informed employees will know they can bring compliance problems to you for solution.
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The Training Network sells harassment-prevention employee-training videos and DVDs in English or Spanish. Employee University has employee and manager versions of its videos, which include same-sex harassment as a topic.
Show them you embrace diversity
Don't just follow the law; let employees throughout the company know you've caught the spirit of valuing a diverse workforce.
Try:
In addition to maintaining a resume database, Equal Opportunity Publications Inc. publishes such magazines as Workforce Diversity, Woman Engineer, Minority Engineer and Careers & the DisAbled.
- Age discrimination is the most common complaint filed with the Equal Employment Opportunity Commission.
- Avoid screening job applicants on the basis of previous salary; doing so could be interpreted as age discrimination.
- When screening anyone for hiring, promotion or any other employment-related purpose, stay within the law by focusing on that person's abilities.
- Employers must make reasonable accommodations for employees covered by the Americans with Disabilities Act (ADA), but they are not forced to do so if it would cause financial hardship.
- Substance abuse is considered a disability under the ADA; employees can be disciplined for poor work habits, but not because of the addiction.
- The law allows hiring only a man or only a woman under special circumstances called bona fide occupational qualifications (BFOQs). However, it has been argued the only undisputed BFOQs are a wet nurse and a sperm donor.
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