EQUAL EMPLOYMENT COMMUNITY EEOC

Presented by: Victoria Berahmandpour HRM 593 01/24/13

 EEOC Overview Disparate Impact vs Disparate Treatment The complaint procedure for Disparate Impact Disparate Treatment The defenses available to the company should a disparate impact claim and/or a disparate treatment claim be lodged against ZAB. Suggestion for avoiding potential EEOC claims and complaints

 According to EEOC, Responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. Their authority is to investigate charges of discrimination against employers who are covered by the law. Their role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding.


Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII prohibits both disparate treatment and disparate impact discrimination.

 EEOC investigate Disparate treatment cases as follows:

o Were people treat differently because of their race, color, religion, sex, national origin, and disability? o Is there any evidence of discrimination? o What is the employers reason for different treatment? o Is there appropriate evidence shows that employers treat employee differently because of their race, color, sex, religion, and national origin?

 EEOC investigate Disparate Impact cases as follows:

o Does the employer practice disparate impact based of race, color, religion, sex, or national origin?

o If this is the case, can employer explain the procedure of job related and consistent with business necessity?\
o If employer can prove that it is related to job or business necessity, can employer change or challenging this for other group to avoid or minimize discriminatory alternative?

 If there is any discrimination under title VII, Civil Rights Act of 1964, the procedure for complain are as follows: I. File a charge of discrimination with EEOC within 180 days and for age discrimination 300 days by o Online Assessment System o Filing in person o Phone o Mail

II. Meditation: Within 10 days, EEOC send a copy of claim to employer and set up appointment for meditation, if both party accept. III. Possible Dismissal: If the EEOC does not have jurisdiction, or if your charge is untimely, we will close your charge quickly. We may also close your charge quickly if we decide that we probably will not be able to find discrimination. If your charge is dismissed, you will be notified.

IV. Investigation EEOC gather all information, documents, witnesses to find any discrimination. After finishing the investigation, they will send the notice. V. Subpoena If an employer refuses to cooperate with an EEOC investigation, EEOC can issue an administrative subpoena to obtain documents, testimony or gain access to facilities.

VI. Possible Action: If EEOC havent found any violation, they will give notice of Right-to-Sue. This notice gives the right to sue against the employers.

In General, EEOC complains process can be in two different ways informal process and formal process.

 Informal Complain Process EEO Counseling Discuss procedure, rights, and identify the problem and find possible solution ADR (Alternative Dispute Resolution) Meditation Open communication and save time and offer settlements

The elements to establish Business necessity are as follows: 1. The ultimate business goal which the employer seeks to achieve through the practice is essential to the business 2. The tasks for which the practice measures ability are essential to achievement of that ultimate business goal. 3. Workers selected for the positions in question must be able to perform the tasks. 4. The practice selected is necessary to measure the ability to perform those tasks.

 Bona Fide occupational qualification (BFOQ) according to U.S. laws: Requirement that an employee be of a certain religion, sex, or national origin where that is reasonably necessary to the organizations normal operation. Specified by the 1964 Civil Rights Act

 Carefully written up-to-date polices for employment matter specially on employment application, job description, employment handouts. Carefully documented procedure especially for termination such as employees privacy act, reason for termination, review termination by senior manager.

Documented all employment related action, and review their performance at least once a year.

 Train all managers for discrimination laws

Knowledge all employees about any discrimination and laws to avoid wrong discrimination claim.
Create atmosphere of open communication Be consistent

EEOC website http://www.eeoc.gov/eeoc/index.cfm WAGE women are getting even http://www.wageproject.org/files/ncdispimp.php Business Dictionary http://www.businessdictionary.com/definition The Business Necessity Defense in Disparate Impact Discrimination Cases by Susan Grover [William & Mary Law School] 1996 page 14 Bona Fide Occupational Qualification (BFOQ) by Sree Rama Rao November 5, 2009 http://www.citeman.com/7595-bona-fide-occupational-qualificationbfoq.html