Discrimination Overview
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This document discusses discrimination and provides information on types of discrimination, laws and regulations, prohibited practices, and resources. It covers discrimination based on age, disability, gender, genetic information, nationality, pregnancy, race, religion, sex, and retaliation. The main laws discussed are Title VII of the Civil Rights Act of 1964 and EEOC regulations. Prohibited practices in hiring like discriminatory job ads, recruitment, applications, and testing are explained.
Discrimination Overview
- 1. Discrimination Gabriela Rosas Human Resources VP
- 2. Overview ? Types of Discrimination ? Laws and Regulations ? Memorandum of Understanding with EEOC ? Prohibited Practices and Examples ? Resources
- 3. Types of Discrimination ? Age ? Disability ? Equal Pay/Compensation ? Genetic Information ? Harassment ? National Origin ? Pregnancy ? Race/Color ? Religion ? Retaliation ? Sex ? Sexual Harassment
- 4. Laws and Regulations ? Title VII of the Civil Rights Act of 1964 ? This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex ? The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit ? The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business
- 5. Laws and Regulations ? EEOC's regulations are published annually in Title 29 of the Code of Federal Regulations (CFR) ? The CFR is available online through the U.S. Government Printing Office ? The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments
- 6. Memorandum of Understanding ? The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) have updated the Memorandum of Understanding (MOU), last published at 64 Fed. Reg. 17,664 (April 12, 1999) ? Updates include: ? Using contemporary office names and titles ? Designating a “Coordination Advocate” at both agencies ? Reorganizing and/or condensing language for clarity ? Streamlining the Compliance Coordination Committees ? Clarifying the complaint/charge referral procedures.
- 7. Prohibited Practices Job Advertisements ? It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information ? Example: ? A help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law Recruitment ? It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information ? Example: ? An employer's reliance on word-of-mouth recruitment by its mostly Hispanic work force may violate the law if the result is that almost all new hires are Hispanic
- 8. Prohibited Practices Application & Hiring ? It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information ? Example ? An employer may not refuse to give employment applications to people of a certain race. ? An employer may not base hiring decisions on stereotypes and assumptions about a person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information ? If an employer requires job applicants to take a test, the test must be necessary and related to the job and the employer may not exclude people of a particular race, color, religion, sex (including pregnancy), national origin, or individuals with disabilities. In addition, the employer may not use a test that excludes applicants age 40 or older if the test is not based on a reasonable factor other than age ? If a job applicant with a disability needs an accommodation (such as a sign language interpreter) to apply for a job, the employer is required to provide the accommodation, so long as the accommodation does not cause the employer significant difficulty or expense
- 10. Conclusion ? Types of Discrimination ? Laws and Regulations ? Memorandum of Understanding with EEOC ? Prohibited Practices and Examples ? Resources
Editor's Notes
- #2: Good Afternoon and Welcom back! Today I want to talk about a very important topic that as managers we need to make sure does not occur in the work place, discrimination. I will be your host Gabriela Rosas, so let’s get started!
- #3: Here is a quick overview of the topics we will cover today
- #4: First off let’s identify the types of discrimination there are. Later we will discuss some specific examples. We have age, disability, equal pay and compensation, genetic information, harassment, national origin, pregnancy, race or color, religion, retaliation, sex and sexual harassment. Now that we’ve identified the types lets jump into the laws and regulations behind discrimination
- #5: The most important law to keep in mind is Title VII of the Civil Right Act of 1964. This title governs and describes in detail the different types of discrimination that are considered illegal in the workplace. There are several others that cover specific topics but this one is all encompassing. For more please visit the resources page.
- #6: EEOC takes discrimination very seriously and with a rapidly changing world they have to make sure their regulations are ready to change with it. Every year the EEOC reviews their regulations and updates them as necessary. You can view their exisiting and in-progress regulations on the website from the resources page.
- #7: The Memorandum of Understanding sets out procedures for OFCCP and EEOC to coordinate investigation of Title VII and E.O. 11246 complaints. Includes procedures for information-sharing and confidentiality, and requires regular interagency coordination meetings. This MOU supersedes the 1999 MOU between EEOC and OFCCP.
- #8: Some prohibited practice we should talk about are listed on the slide First off we have Job advertisements. It is our job to ensure that job descriptions are specific enough to generate a good applicant flow but that it also remains free of discrimination phrases like recent college graduated or females. Same issue applies to recruitment. When we say we are looking for candidates be sure to describe qualities and not physical or identifying descriptions.
- #9: Another Prohibited practice falls under the application and hiring process. We are not legally allowed to deny a job to someone because they meet one of the criterias we identified in the beginning of this presentation. Any denial of work should be based on skills and experience alone. Please visit the resources page for other prohibited practices.
- #10: Please visit the link above to learn more about discrimination
- #11: We briefly covered an array of topics under discrimination. Please keep in mind if you every have any quesitons about what could be considered discrimination to ask your HR team or visit the website from the previous slide for guidance. Pending any questions this concludes my presentation. Thank you.