Chapter 33 Nondiscrimination
Equal Opportunity in Employment - ️ The rights of all employees and job applicants (1) to be treated without discrimination and (2) to
be able to sue employers if they are discriminated against.
Equal Employment Opportunity Commission (EEOC) - ️ The federal ad...
Chapter 33 Nondiscrimination
Equal Opportunity in Employment
- ✔️ The rights of all employees and job applicants (1) to be treated without discrimination and (2) to
be able to sue employers if they are discriminated against.
Equal Employment Opportunity Commission (EEOC)
- ✔️ The federal administrative agency responsible for enforcing most federal antidiscrimination laws.
- Members are appointed by the US president.
- Empowered to conduct investigations, interpret statutes, encourage conciliation between employees
and employers, and bring suits to enforce the law.
- Can seek injunctive relief.
- Jurisdiction includes discrimination based on: race, color, national origin, gender, religion, age,
disability, and genetic information.
Complaint Process
- ✔️ Initial Steps:
- If a person believes they have been discriminated against in the workplace, they cannot immediately
file a lawsuit against the employer.
- The complainant must first file a complaint with the EEOC.
- The EEOC often requests mediation to resolve disputes.
- If mediation fails, the EEOC investigates the charge.
- ✔️ EEOC Findings:
- If a violation is found, the EEOC decides whether to sue the employer.
- If the EEOC sues, it represents the complainant, who cannot then sue the employer.
- If no violation is found or no suit is filed, the EEOC issues a right to sue letter to the complainant.
- ✔️ FEPA (Fair Employment Practices Agency):
- Complaints may also be filed with a state’s FEPA if:
- State law provides additional protections not covered by federal laws.
, - The FEPA has a longer filing deadline.
- The FEPA's process is similar to the EEOC's.
Right to Sue Letter
- ✔️ A letter issued by the EEOC if it chooses not to bring an action against an employer.
- Authorizes a complainant to sue the employer for employment discrimination.
Lilly Ledbetter Fair Pay Act of 2009
- ✔️ Allows a complainant to file an employment discrimination claim against an employer within 180
days of the most recent paycheck violation.
- Enables recovery of back pay for up to 2 years preceding the claim if similar violations occurred during
that period.
Civil Rights Act
- ✔️ Historical law prohibiting discrimination based on race, color, national origin, gender, and religion
in various areas, including employment.
- Cover public accommodations, state and municipal facilities, government agencies receiving federal
funds, and employment.
Title VII of the Civil Rights Act of 1964
- ✔️ A provision aimed at eliminating job discrimination based on five protected classes: race, color,
religion, sex, and national origin.
- Applies to:
- Employers with 15 or more employees.
- All employment agencies.
- Labor unions with 15 or more members.
- State and local governments and their agencies.
- Most federal government employment.
- Exclusions: Native American tribes and tax-exempt private clubs.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller CertifiedGrades. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
