Equal Employment Opportunity Commission

EEOC

Christopher Coker

Cleveland State University

Principles of Labor Management Relations

MLR 302

Professor Amolsh

November 28, 2012

The EEOC

Discrimination has been an issue in America since the beginning of America. Though since abolishing slavery and multiple civil rights acts have decrease discrimination in many places. Discrimination is still very alive in America today, especially in the American workforce. According to the Merriam Webster Dictionary, discrimination is defined as "the act, practice, or an instance of discriminating categorically rather than individually" or the "prejudiced or prejudicial outlook, action, or treatment" (Merriam-Webster, 2012). There are many federal laws that were created to fight discrimination, including the Title VII of Civil Rights Act of 1964. Other laws that fight discrimination in the workplace are the Equal Pay Act of 1963, Age discrimination in Employment Act of 1967, Rehabilitation Act of 1973 (Sections 501 & 505), Title I & V of the American with Disabilities Act of 1990, the Civil Rights Act of 1991, and many more laws. These laws allow everyone in the workforce in both labor and management to have equal employment opportunity. These equal employment opportunity laws make it illegal for employers to discriminate against an employee or potential employee in certain workplaces. The government agency that was designed to enforce these laws was the Equal Employment Opportunity Commission (EEOC). The EEOC was created by the Civil Rights Act of 1964, and they were given the responsibility to "promote equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance" (EEOC.com). The EEOC is responsible for handling complaints about workplace discrimination. Workplace discrimination laws vary from state to state; however, federal laws take precedent over state law. Federal laws prohibit discrimination in employment for Age, Disability, National origin, Pregnancy, Race, Religion, Sex (or Gender), and Sexual Harassment. In addition to those areas the EEOC works with fair and equal pay for men and women and it works with retaliation from employers after filing with the EEOC.

President John F. Kennedy on March 6, 1961 signed Executive Order 10925, which required government contractors to "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin" (Exec. Order No. 10925, 1961). It established the President's Committee on Equal Employment Opportunity of which then Vice President Johnson was appointed to head. This was the driving force for starting the EEOC. It wasn't until a year after the Civil Rights Act of 1964 that the EEOC was established. Its mandate then was specified under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the ADA Amendments Act of 2008 (http://www.eeoc.com/). However, other laws have been added to this selection that the EEOC handle claims of discrimination with such as Title II of the Genetic Information Nondiscrimination Act of 2008 (http://www.eeoc.gov/). The Commission mediates and settles thousands of discrimination complaints each year prior to their investigation. The EEOC also has the power to file discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against Federal agencies (http://www.eeoc.gov/).

The EEOC deals with all types of discrimination on all levels. Both potential and current employees of most private employers, state and local governments, educational institutions employment agencies and labor organizations are protected under federal law.

Race, Color, Religion, Gender, and National Origin is the most commonly known about type of discrimination. When then EEOC deals with discrimination of any kind it is in conflict of the civil rights act. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin.

Disability discrimination is a more recently brought about in the fight against discrimination. Disability is not limited to a physically handicap but includes mental and emotional handicaps (such as PTSD). The Americans with Disabilities Act of 1990, as amended, protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.

Age discrimination is very vital in Labor Relations of any kind. The ADA was originally created for the protection of older employees and to keep them from being pushed out of their jobs they have been working for 20+ years for younger just as skilled work. More recently age discrimination has been used for younger employees who were not hired into a company due to being young. The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment.

Sex discrimination against women has been fought against for as long as civil rights. Sex discrimination is less heard of today but it still is a problem. Men and women on a national level still have unequal pay, but great strives have been and are currently being taken to end it. In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended (see above), the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment. Sexual Harassment falls under the category of sex discrimination is the most common type of sex discrimination in the United States today. It is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment"