Equal Employment Opportunity Commission (EEOC) - Research Paper Example

Topic: Equal Employment Opportunity Commission (EEOC). What is the EEOC? Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces administrative and judicial laws for civil rights to facilitate equal opportunity in employment through education and technical assistance. As per EEO laws, an employer is prohibited from discriminating current or potential employees at workplace (Heathfield, 2011). EEOC is under mandatory obligation to monitor compliance and enforcement of Title VII under Civil Rights Act, 1964 along with other federal civil rights (Entrepreneur.com). Civil Rights Act, 1964, Equal Pay Act of 1963 and the Americans with Disabilities Act of 1990 are some such practices of EEOC that prohibit discrimination at workplace based on a range of factors age, nationality, ethnicity, gender, etc. (Czaja, 2011). Working of EEOC- Title VII of Civil Rights Act entails race, color, origin, gender and religion as protected groups which show evidence of discrimination and the laws of EEOC are intended to protect employees and potential employees against discrimination (Brink and Crenshaw, 2011). EEOC recommends that employees of all public private firms are protected by federal laws against discrimination. In this regard, Title VII of Civil Rights Act, 1964 prohibits discrimination in terms of race, color, religion, sex or national origin in hiring, promoting, discharging, payment, fringe benefits, among other aspects of employment. The amended version of The Americans with Disabilities Act of 1990 protects employees, present and prospective, with disabilities in hiring, promoting, and other aspects of employment. Discrimination by type- For protecting discrimination based on age of above 40 years who are the applicants or employees, The Age Discrimination in Employment Act of 1967 is handy to ensure equal opportunity. Also, Title VII of Civil Rights Act, 1964 and The Equal Pay Act of 1963 prohibit sex discrimination where women and men are paid different wages for the same work in the same organization. Further to this, all federal laws prohibit any retaliatory action by employer in cases of filing of charges of discrimination by the employee, and it can amount to serious offence of the laws (www.eeoc.com, 2011). Diversity at workplace- Diversity at workplace is practiced to ensure that individual differences are recognized and acknowledged to create an environment that is diverse and innovative, and which utilizes the contributions of the diverse backgrounds of its employees. In the diverse workplace, EEO policies apply in addressing the disadvantaged groups prone to discrimination in terms of age, race, etc. These policies or principles form part of Human Resource Management (HRM) practices like planning, recruiting, occupational health and safety, etc. which are aimed at improving employee performance, commitment, quality of product and develop relationship with the community. Most organizations implement the best strategies of HRM, etc. to forge their businesses towards the future through employing diversity at workplace that can ensure effective management of people, places and processes (APSC, 2001). HRM policies include planning, recruiting, training, assessing, etc. of the recruiting staff to help ensure that diverse groups of employees are chosen to work at the workplace to instill a progressive environment that help reach the business goals. This strategy of the HRM is seen as an effort to minimize biased or stereotypical behavior by any employee, and to protect the interests of the diverse workforce. As organizations are increasingly operating in the global markets, a diverse workforce ensures a competitive edge over counterparts as well as fulfills legal requirements of the different countries (Czaja, 2011). What is the role of HR management in guiding the organization in matters of compliance? As in the case of Australian Public Service Commissioner (APSC), there are several legal bindings to implement diversity. A wide range of measures are put into practice by the HRM in an organization, for compliance with EEOC guidelines. The most basic program of HRM includes setting out an effective process for workplace diversity in terms of planning, implementation and evaluation. Some of these practices include identifying values that are important to the business, provide an ethical framework for employees to pursue their needs and interests while contributing to the overall business goals, and monitor the implementation to help improve the process. APSC’s general framework includes Racial Discrimination Act 1975, Sex Discrimination Act 1984, Human Rights and Equal Opportunity Commission Act 1984, Occupational Health and Safety (Commonwealth Employment) Act 1991, Disability Discrimination Act 1992, Workplace Relations Act 1996, etc. The general framework for other countries or organizations may differ based on the values identified and process implemented. However, the core of HRM’s role in guiding organizations in matters of compliance is focused around protecting disadvantaged groups through the legal framework that addresses these groups’ interests at workplace while helping build an equal opportunity environment (APSC, 2001). Carter (2009) notes that there has been a 15 percent increase in the number of discrimination cases filed in the year 2008. As the litigations owing to filing of charges against perpetrated discrimination do not help the organizations in any way, neither does it help the petitioner much, HRM recognizes the need for effective implementation of EEOC policies at workplace to safeguard the interests of both employees and employers. About ten types of claims that can arise out of violation of the EEOC guidelines at workplace are: Age Discrimination, Disability Discrimination, Equal Pay and Compensation Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race-Based Discrimination, Religious Discrimination, Sex-Based Discrimination, Sexual Harassment, and Retaliation. To avoid these conflicts and to improve the performance efficiency of an organization’s people, places and processes, HRM plays a crucial role through implementing the various strategies. How can organizations ensure that the work environment is open for all employees? Organizations focus on values that are relevant to the diversity and HRM policies and ensure among others: merit-based employment, non-discrimination and diversity, fair, flexible, safe and rewarding workplace and equity in employment. Measures to ensure that all forms of discrimination are avoided or prevented at the workplace, while making use of the diversity to improve responsibility and effectiveness of the diverse teams. Further, measures organizations take to ensure these various diversity programs are monitored include implementing and evaluating: corporate, business and HRM plans that demonstrate organization’s values made accessible through the employment of diverse skills and varied experiences of its employees. Other measures include incorporating work structures, systems and procedures effectively helping employees to achieve work-life balance and decision-making that is transparent, fair and equitable (APSC, 2001). Organizations can take the advantage of a diverse work environment by: identifying workplace diversity needs, creating awareness among employees of diverse workplace issues, including equity plans in corporate and HRM strategies, monitor compliance of strategies to EEOC policies, and develop, implement and monitor workforce diversity integration programs that help improve business performance. Further, employee recruitment is also crucial to ascertain the profitability of compliance to EEOC standards in strictly adhering to suitability of the candidates to the duties to be performed among other considerations (APSC, 2001). Conclusion- EEOC is a federal law agency that is entrusted with the planning, implementation and monitoring of equal employment guidelines as per Civil Rights Act, 1964 along with other laws. This agency helps organizations identify, assess, plan and implement programs that ensure discrimination of disadvantaged groups is prevented and that the interests of the diverse workforce are protected. HRM plays a crucial role in enabling the compliance to these laws in the various organizations that are increasingly competing in the diverse global markets. Ten types of discriminations can be averted with proper planning, implementing and evaluating strategies that integrate corporate and HR plans for effective diversity at the workplace. As the litigations owing to workplace discrimination are increasing yearly, organizations have realized the need for strict compliance with the EEOC laws by identifying, assessing, planning, implementing and monitoring the relevant needs and interests of both the organizations and its workforce. Measures like demonstrating values through strict adherence to transparent and fair employment guidelines, incorporating of work processes to achieve work-life balance, recruiting candidates to suit the exact work requirements, etc. are also helpful in ensuring compliance by organizations to EEOC guidelines. References- 1. Heathfield, M. Susan. 2011. Equal Employment Opportunity Commission. About.com 2. Entrepreneur.com. Equal Employment Opportunity Commission (EEOC). 3. Czaja, Je. Workplace Diversity Guidelines. eHow.com. 4. Brink, E. Kyle and Crenshaw, L. Jeffrey. 2011. Adverse Impact: What is it? How do you calculate? Personal Impact of Jeffrey County. www.AdverseImpact.org. 5. 2011. Private Employment, State and Local Governments, Educational Institutions. www.EEOC.com. 6. APSC. 2001. Guidelines on workplace diversity. www.apsc.gov.au/publications01/diversityguidelines.htm 7. Carter, F. Jessica. 2009. 10 Types of EEOC claims. Read More