Equal Opportunity & The Legal Framework

1. Equal Opportunity & The Legal Framework

2. Equal Employment Opportunity • Ensuring that the process of employment and the employee employer relationships are fair and balanced.

3. Equal Employment Opportunity • Balance the employers demand for flexibility with the employees hope for security. • Equally important, education and training are seen as a way not only of helping individuals to become more adaptable in their present employment, but also of providing opportunities to acquire knowledge and skills so that they can find alternative employment should the number of jobs be reduced in their present workplace.’

4. EEO Legislation • Directives that have been adopted in the field of social policy covering; • equal opportunities, • employment protection, • working conditions, • health and safety at work and • employee relations

5. Equal Employment Legislation Aimed at dealing with • Discrimination due to race, color, religion, sex, or national origin • Equal pay for men and women doing same work • Protection against a person 40 over from age discrimination and pregnant women • Affirmative action to employ and promote qualified handicapped persons, veterans • Employers need to make reasonable accommodations for disabled individuals • Arbitration and the burden of proof on employer

6. Equal Employment Legislation Contd… • Employment and remuneration • Health and safety • Working conditions • Consultation of workers • Social security and protection of workers • Contracts and termination

7. The Labour Act • Employment and security of service • Classification of work and jobs and the contractual obligations • Working conditions – hours • Remuneration • Welfare • Provisions for special types of enterprises • Conduct and punishment

8. Committee, officers and other • Central Labour Advisory Board • Labour coordination committee • Appointment of labour officer • Welfare Officer 1/250 workers • Labour court or Appellate court

9. Americans With Disabilities Act (ADA) A physical or mental impairment that substantially limits a major life activity • Includes physiological conditions, cosmetic disfigurement and loss of any body systems • Does not count alternate lifestyle, gambling, pyromania, or illegal drug use

10. ADA • Qualified individuals: • Protected from discrimination if reasonable accommodation allows performance of essential job functions • Reasonable accommodation: • redesigning a job • modifying schedules • modifying equipment • Mental impairments: • Any mental or psychological disorder

11. Employer ??? Can an employer: • Deny a disabled person a job? • Be mandated to lower its existing uniform job standards? • Ask about disabilities prior to hiring? • Have different medical exams for current employees versus disabled employees?

12. ADA in Practice ??? Employers should ask: • Does the employee have a disability that limits a major life activity? • Is a disabled employee qualified for a job? • Can the employee perform the essential functions of a job? • Can any reasonable accommodation be provided without creating undue hardship on the employer? • Is the disability permanent ?

13. Sexual Harassment Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment.

14. Sexual Harassment • Employers have a duty to keep workplace free of sexual harassment and intimidation • Sexual harassment can be shown in three ways • Quid Pro Quo • Hostile environment created by supervisors • Hostile environment created by co-workers or non-employees

15. What’s an Employee to Do? • File verbal complaint • File a written report • Turn to local EEOC office to file a complaint • Consult legal counsel

16. What’s an Employer to Do? Two questions are asked by the courts when determining liability: • Did the company know or should it have known that harassment was present? • Did the company take any action to stop the harassment?

17. Treat complaints seriously Condemn behavior Inform employees Develop complaint procedure Establish a response system Increase supervisors awareness Discipline Keep records Conduct exit interviews Publish policy Encourage upward communication Steps employees can take

18. Sample Sexual Harassment Policy

19. Discriminatory Employment Practices Recruitment practices • Word of mouth • Misleading information • Help wanted gender ads

20. Discriminatory Employment Practices Selection standards • Educational requirements • Tests which disproportionately screen minorities • Preference to relatives • Physical characteristics requirements • Arrest records • Certain personal information • Discharge due to garnishment

21. Diversity Works race gender handicap culture nationalorigin age

22. Why Workplace Diversity Is Strategic • Better business decisions • Handling challenges • Company growth • Globalization

23. How to Encourage Diversity • Written philosophy • Evaluate • Recruit • Interact with representative minority groups and networks • Voluntary affirmative action

24. Two Useful Strategies in Affirmative Action Design • Good faith effort:employment aimed at changing practices that have contributed in the past to excluding or underutilizing protected groups • Quota strategy: employment strategy aimed at mandating the same results as the good faith effort strategy through specific hiring and promotion restriction.