Equal Employment Opportunity (EEO) & Diversity

Equal Employment Opportunity (EEO) & Diversity Equal Employment Opportunity (EEO) Overview 1. What is EEO? ️ Treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner. 2. Is EEO the Same as Quotas? ️ No, they are not the same. 3. What are Quotas? ️ "Set aside" positions based on protected characteristics. 4. Are Quotas Legal? ️ No, they are not legal. Key Legislation Related to EEO 5. Equal Pay Act (EPA) of 1963 ️ Outlaws discrimination in pay, benefits, and pensions based on an employee's gender. 6. Justifications for Pay Differences under EPA: ️ It is permissible to discriminate if the differences are based on: - Seniority systems - Merit - Quantity of production - Quality of production 7. Civil Rights Act (CRA) of 1964 ️ Bars discrimination in all HR activities based on race, color, religion, sex/gender, national origin; includes provisions for religious accommodations regarding observances, appearance, and conduct. 8. Equal Employment Opportunity Act of 1972 ️ Amended the CRA to broaden coverage to include state and local governments and educational institutions; enhanced the EEOC's enforcement capabilities. 9. Pregnancy Discrimination Act (PDA) of 1978 ️ Prohibits discrimination in hiring, promotion, and termination based on pregnancy; ensures no arbitrary mandatory leave dates for pregnant employees. 10. Civil Rights Act of 1991 ️ Allows for damages for disparate treatment or unlawful harassment; jury trials for discrimination claims; prohibits "race norming"; clarifies no reverse discrimination is allowed during affirmative action plans; extends protection to U.S. employees working abroad. 11. Age Discrimination in Employment Act (ADEA) of 1967 ️ Prohibits discrimination in all employment areas based on age for individuals 40 and older; allows age to be a bona fide occupational qualification (BFOQ) in specific cases. 12. Americans with Disabilities Act (ADA) ️ Requires reasonable accommodations for individuals with physical or mental impairments that substantially limit major life activities. 13. Uniformed Services Employment & Reemployment Act (USERRA) ️ Ensures employees must be reinstated to private sector jobs without loss of benefits or seniority after military service of up to 5 years. 14. Immigration Reform & Control Act (IRCA) ️ Prohibits knowingly hiring or retaining unauthorized workers; employers must verify work eligibility and maintain appropriate records. 15. Executive Orders ️ Issued by the U.S. President to protect federal workers, ensuring EEO for individuals employed by government contractors; administered by the Office of Federal Contract Compliance Programs (OFCCP). 16. Executive Order 11246 ️ Applies to federal agencies and government contractors with contracts exceeding $10,000; prohibits discrimination based on race, color, religion, sex, and national origin. 17. Rehabilitation Act of 1973 ️ Requires private employers with federal contracts over $2,500 to take affirmative action for hiring individuals with disabilities; extends protections to recipients of federal financial assistance, along with reasonable accommodations. 18. Equal Employment Opportunity Commission (EEOC) ️ Responsible for record-keeping related to employment practices, including documentation on recruitment, promotions, demotions, transfers, layoffs, terminations, and retention of employment records. What is the OFCCP? ️enforces EO When must an employer have an affirmative action plan (AAP)? ️-when a plan of action to correct areas of past discrimination needs to be developed