EEOC
The Genetic Information Nondiscrimination Act of 2008 (GINA), allows for individuals to keep their genetic information confidential, providing them protection against bias in the workplace in obtaining health insurance and other areas. GINA affects hiring practices in the workplace; it is illegal for a company to request family medical history or genetic information. If an employee feels that genetic and family medical history was obtained by an employer and that employee is subsequently fired (even if for a performance related or other reason) the employee legally has the right to claim and adverse action on the part of the employer due to the genetic information the employer received. The burden of proof would reside with the employer to prove the adverse employment action was not related to the medical information uncovered. Even casual conversations can put an employer at risk for being in violation of GINA. For example, asking a…...
mlaReferences
About the EEOC: Overview. (n.d.). U.S. EEOC Home Page. Retrieved February 13, 2012, from http://www.eeoc.gov /eeoc
Fla. Town's Efforts a Disabled-Access Success Story: NPR. (n.d.). NPR: National Public Radio: News & Analysis, World, U.S., Music & Arts: NPR. Retrieved February 13, 2012, from http://www.npr.org/templates/story/story.php?storyId=5245364
EEOC Discrimination Claim
Discrimination Complaints: A Case Study
John believes that he has been discriminated against by his employer, a private company. The nature of the alleged discrimination could be related to John's race, color, religion, sex, national origin, age if 40 or older, disability, or genetic information (Equal Employment Opportunity Commission [EEOC], 2010, p. 1; EEOC, n.d.). The Constitutional authority for filing a discrimination claim against an employer comes from a number of different acts, including the Civil ights Act, Age Discrimination in Employment Act, Equal Pay Act, and the ehabilitation Act. The federal agency responsible for regulating and mediating such claims is the Equal Employment Opportunity Commission. Protection against employer retaliation for filing a discrimination claim is also provided under these laws and regulations.
Pre-Complaint Procedures
The procedure for filing a discrimination complaint with the EEOC requires that the employee notify the employer of the grievance (EEOC, 2010, p. 5). This allows…...
mlaReferences
Arizona Judicial Branch. (2010). Guide to AZ Courts: General jurisdiction courts. Accessed June 5, 2011 at http://www.azcourts.gov/guidetoazcourts/GeneralJurisdictionCourts.aspx
Equal Employment Opportunity Commission. (2010). Regulations: Part 1614 -- Federal sector equal employment opportunity FRFS. Retrieved June 5, 2011 from http://www.eeoc.gov /federal/directives/upload/1614-final.pdf
Equal Employment Opportunity Commission. (n.d.). Filing a charge of discrimination. Accessed June 5, 2011 at http://www1.eeoc.gov//employees/charge.cfm?renderforprint=1
United States Courts. (n.d.). Civil Cases. Accessed June 5, 2011 at http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/CivilCases.aspx
EEOC
According to Henderson (2006) sex discrimination, other blatant bigotry is a risky proposition for an organizational strategy. He wrote " of all the different kinds of legislation enacted in the past 70 years, laws barring discrimination in employment practices have placed the most pressure on human resources." In the case of Patricia Cosby, a35-year-old woman who has been repeatedly discriminated against throughout her 7 years at her company, this type of unfair treatment is best demonstrated to show how she can help defend herself. The purpose of this essay is to explain the legal protection that is entitled to Patricia and achieve justice from her unfair Employer.
According to the U.S. Equal Employment Opportunity Commission (EEOC) The Equal Pay Act is Patricia's best source of legal defense. In this federal law it states that "No employer having employees subject to any provisions of this section shall discriminate, within any establishment in…...
mlaReferences
Henderson, R.I. (2006). Compensation management in a knowledge-based world (10th ed.). Upper Saddle River, NJ: Prentice Hall.
The United States Equal Employment Opportunity Commission. " The Equal Pay Act of 1963." Viewed on 20 Oct 2013. Retrieved from http://www.eeoc.gov /laws/statutes/epa.cfm
All workers in the United States who are members of a protected class due to age, ethnicity, race, national origin, disability, sex, or religion have the legal right not to be harassed under the Civil Rights Act of 1964 (Glaviano, 2017). John does fall under the protected class due to his national origin and race since he identifies as Hispanic. Since his supervisor has been calling him "idiot" and another inflammatory name John was right to take up the matter with the Human Resources Department. However, the lack of assistance from the HR department allows him to file a discrimination and harassment case against the employer. The elements of a hostile work environment that John faces include discrimination based on his race and national origin and offensive behavior from his supervisor. The case of Johns as presented does satisfy the elements of a hostile work environment claim. The claim could…...
H Management
EEOC
EEOC are initials referring to the Equal Employment Opportunity Commission. This is a federal agency mandated to eliminate discrimination founded on age, national origin, sex, disability, religion, color, race and all other terms and conditions used in employment. The commission is charged with investigating alleged investigations through different fields making a determination through guidance for collecting evidence. It attempts to reconcile in cases involving discrimination, which leads to the filing of lawsuits. The EEOC oversees the enforcement and compliance of all activities pertaining to equal opportunities of employment among applicants and federal employees. This includes discrimination directed at persons with disabilities (Van, 2010).
How it works
Most organizations are facing challenges of addressing situations of employment discrimination. EEOC is the new straightforward and fair process of filing cases of employment discrimination against organizations. This commission handles discrimination claims against employers, tax agencies and labor unions based on disability, age, religion, national…...
mlaReferences
Chemers, M.M., Costanzo, M., & Oskamp, S. (2007). Diversity in organizations: New perspectives for a changing workplace. Thousand Oaks [u.a.: Sage.
Daly, A. (2008). Workplace diversity: Issues and perspectives. Washington, DC: NASW Press.
Esty, K.C., Griffin, R., & Hirsch, M.S. (2009). Workplace diversity. Holbrook, Mass: Adams Publ.
Mor-Barak, M.E. (2011). Managing diversity: Toward a globally inclusive workplace. Los Angeles: SAGE.
S. employer if it is incorporated or based in the United States or if it has sufficient connections with the United States. Employers operating outside the United States are covered by non-discriminatory statues only if they are controlled by a U.S. employer. U.S. employers based abroad are not required to comply with requirements if adherence to that requirement violates a law of the host country. Also, the EEOC does not do not apply to non-U.S. citizens outside the U.S. Or its territories, which means that they may be subject to treatment that might be considered discriminatory in the U.S. ("Equal Employment Opportunity Responsibilities of Multinational Employers, 2003, Equal Employment Opportunity Commission).
How will continued globalization make the EEOC's job more complex and the effort for equal treatment more difficult?
Some of the specifications of the EEOC's policy, like a company having 'sufficient connections' with the U.S. To fall under EEOC policies, will…...
mlaWorks Cited
EEOC's Charge Processing Procedures." (2003, Aug 13). Equal Employment Opportunity Commission. Retrieved 16 Mar 2008 at http://www.eeoc.gov /charge/overview_charge_processing.html
The Equal Employment Opportunity Responsibilities of Multinational Employers." (2003, Apr 28). Equal Employment Opportunity Commission. Retrieved 16 Mar 2008 at
To be eligible for FMLA an employee must have a condition that makes him or her unable to perform their essential job function" (Vikesland, 2006). Previously-existing amendments to the Civil ights Act prohibited discrimination against women based upon pregnancy and the Equal Pay Act (EPA) of 1963 mandated equal pay for women and men doing the same work (EEOC, 2011, Official Website).
Protected groups can allege they have been the victims of discrimination based upon charges of disparate treatment and disparate impact. Disparate treatment means that the worker was denied opportunities or advancement based upon his or her membership in a protected category because of the explicit intention of the employer, such as a sexist employer that openly discriminates against women. Disparate impact cases, in contrast, refer to discriminatory policies that have a disparate impact upon a particular group of employees (Payne 2009: 60). For example, an employer might require…...
mlaResources
EEOC. (2011). Official Website. Retrieved June 10, 2011 at
EEOC and Arrest and Conviction ecords, find and list the two ways these records might be used in a discriminatory manner.
One way that a person can be discriminated against is for an arrest rather than a conviction. An arrest is indeed at least a POSSIBLE indication that the person arrested did something wrong. However, using it as a factor in employment decisions is less than wise because an arrest and a conviction are not the same thing. Another way that they could be used in a discriminatory and improper manner is if they are used too early in the employment process. This is usually based on the state in question but it is indeed considered illegal in some jurisdictions. For example, it may be acceptable when making a final hiring decision but requiring people to reveal whether they are a felon when doing the printed application could be wrong.
What…...
mlaReferences
EEOC. (2015). EEOC Home Page. EEOC.gov. Retrieved 13 November 2015, from http://eeoc.gov
Policy for Employment Discrimination
Forms of Benefits Provided by the Program
The Equal Employment Opportunity Commission provides enforcement for the statutes that relate to civil rights in employment. The EEOC was created to provide for the "enforcement of federal laws that make it illegal to discriminate against a job applicant of employee" on the basis of the protected traits, or on the basis of the employee complaining about discrimination, according the EEOC website (2016).
In order to provide these benefits, the EEOC investigates claims made by individuals or groups -- including civil liberties groups and unions -- regarding specific incidents. The EEOC has established means by which it can be communicated, anonymously if need be, in order for an investigation to be initiated. The organization's resources are also put to use in publishing information regarding discrimination law at the federal level. The EEOC both investigates and litigates cases. The EEOC also uses other…...
mlaReferences
EEOC.gov (2015). David Baldwin v Anthony Foxx. Retrieved March 30, 2016 from http://www.eeoc.gov /decisions/0120133080.pdf
EEOC.gov (2016). EEOC shutdown contingency plan in the event of lapsed appropriations. Equal Employment Opportunity Commission. Retrieved March 30, 2016 from
EEOC and Civil ights CaseThe CaseThe United States Equal Employment Opportunity Commission (EEOC) has initiated legal proceedings against Liberty Energy, Inc., operating under the name Liberty Oilfield Services, LLC. The EEOC\\\'s lawsuit contends that the company subjected three mechanics to discriminatory practices and harassment at their Odessa, Texas facility.The lawsuit details that a Black mechanic and two Hispanic colleagues were exposed to a hostile work environment, where they were addressed using offensive racial and ethnic slurs. Despite these employees reporting the discriminatory behavior to their supervisors, the management team, and the Human esources department, Liberty Oilfield failed to take any substantial corrective or remedial measures. The EEOC alleges that following his report, the Black mechanic was compelled by the management to undertake undesirable tasks and was ostracized by his colleagues. The absence of any significant action by the company\\\'s management to alter the workplace environment and the discriminatory tasks assigned…...
mlaReferencesEEOC Sues Liberty Oilfield Services for Race and National Origin DiscriminationEEOC Sues Liberty Oilfield Services for Race and National Origin Discrimination | U.S. Equal Employment Opportunity Commission
EEOC eview
The Equal Employment Opportunity Commission (EEOC) is far and away the most prolific and omni-present agency that exists in the United States, at least at the federal level, that regulates employers and protects employees from discrimination and other unlawful and/or unethical employment practices including inequity in who is hired, who is fired, who is promoted and why, who is given raises and why and so forth. While budgetary constraints and some of the EEOC's recent decisions certainly deserve attention and scrutiny, the EEOC's status as the ultimate arbiter of employee rights in the United States is not going to change anytime soon.
The mission statement of the Equal Employment Opportunity Commission (EEOC) is to "stop and remedy unlawful employment discrimination" (EEOC, 2014). The vision statement of the EEOC is "justice and equality in the workplace." The EEOC states quite clearly on their website that they know full well, or at…...
mlaReferences
DrugFree.org. (2014, May 18). Discrimination Against People in Recovery Rampant, Advocates Say |. Partnership for DrugFree Kids. Retrieved May 18, 2014, from http://www.drugfree.org/join-together/discrimination-against-people-in-recovery-rampant-advocates-say/
EEOC. (2014, May 17). EEOC Home Page. EEOC Home Page. Retrieved May 17, 2014, from http://www.eeoc.gov
EEOC. (2014, May 18). Fiscal Year 2014 Congressional Budget Justification. Fiscal Year 2014 Congressional Budget Justification. Retrieved May 18, 2014, from
EEOC Small vs. Large
The laws, standards and structures regarding fair hiring practices have been the main purview of the Equal Employment Opportunity Commission (EEOC) since its inception. Indeed, any instances of disparate treatment (overt racism) or disparate impact (tactics that may or may not be intentional but that hurt protected classes nonetheless) should be monitored and dealt with. However, not all of the structures and frameworks the EEOC uses are uncontroversial and clear-cut. The recent mandates and suggestions about hiring people with criminal histories including felons is a good example. However, the different treatment under the law for smaller businesses vs. larger business makes a lot more sense and is fairly easy to justify (EEOC, 2014).
EEOC Small vs. Large
The Equal Employment Opportunity Commission (EEOC) has as its central mission leveling the playing field for people in protected statuses such as women, blacks, Hispanics and, as of late, even prior felons…...
mlaReferences
EEOC. "EEOC Home Page." EEOC Home Page. / (accessed June 29,http://eeoc.gov
Metal Workers Employment Law Case eview
One of the primary functions of the judiciary is to clearly define the parameters of legislative intent, as the passage of any law necessarily creates parties with a vested interest in bypassing or overturning the statute, and in the case of Local 28, Sheet Metal Workers v. EEOC 478 U.S. 421 (1986) the Supreme Court was again tasked with assessing the validity of a law via its method of application. This case of Sheet Metal Workers v. EEOC presented the high court with an opportunity to decisively delineate the remedies afforded to correct violations of Title VII of the Civil ights Act of 1964, which prohibited employers from discriminating on the basis of race, color, religion, sex, or national origin. When the New York State Commission for Human ights identified New York City's Local 28 Joint Apprenticeship Committee (JAC) as a gross violator of…...
mlaReferences
142 U.S.C. § 2000e-2000e-17 (1982)
Griggs v. Duke Power Co., 401 U.S. 424, 429 (1971).
Moreno, P.D. (1999). From direct action to affirmative action: Fair employment law and policy in america 1933-1972. (3rd ed.). Baton Rouge, LA: Louisiana State University Press.
Napolitano, S. (1987). Interpreting the legislative history of section 706(g) of title vii. Boston College Third World Law Journal, 7(2), 263-276. Retrieved from http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1378&context=twlj
To do so, John needs to seek a Notice of ight-to-Sue from the EEOC. This document serves as proof that John filed a complaint with the EEOC, as required by the underlying statutes, and serves as his means of entry into the court system (See generally, EEOC, Filing a lawsuit, 2010).
Even though the laws governing employment discrimination are federal laws, John can file his lawsuit in state court or federal court, assuming that state or local laws also prohibit such discrimination. Frequently, at that stage, John's employer is going to seek removal of the case to the federal system, because federal judges are considered more likely to grant summary judgment in favor of employer-defendants than state-court judges are. Employers are able to receive removal because federal courts have jurisdiction over questions of federal law. Therefore, John's lawsuit might proceed in the federal or state court system.
If John's lawsuit proceeds…...
mlaReferences
United States Courts. (2010). Federal Courts structure. Retrieved from http://www.uscourts.
gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsStructure.aspx
United States Courts. (2010). Jurisdiction of the Federal Courts. Retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspx
U.S. Equal Employment Opportunity Commission. (2010). Filing a charge of discrimination.
Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…...
mlaWorks Cited List
American Psychological Association "Harris v. Forklift Inc." 2011.
Accessed 3 December 2011.
< www.apa.org > About APA > Directorates and Programs>
Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011
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