Equal Employment Opportunity and Human Resource Management

Equal Employment Opportunity and Human Resource Management

Lynn DeMinter

Herzing University

Equal Employment Opportunity and Human Resource Management

        As early as the 1940’s with the leadership of President Franklin D. Roosevelt, prohibition of employment discrimination based on race, color or national origin began (EEO, 2001).  Executive Order 8802 was the first presidential action taken to prevent employment discrimination by private employers that held government contracts. This first order was limited in the scope of inclusion to only manufacturers of military supplies, and contained no enforcement authority (EEO, 2001).  Although this had limitations, it was the start of more laws that protected employees within the government and private sectors across the nation. The Civil Rights Act of 1964 was established to further broaden the focus of prohibition of discrimination that includes public accommodations, governmental services and education (EEO, 2001).  Title VII of the Civil Rights Act of 1964 has made an impact on further extensions of areas of discrimination identified that are protected under laws. One extension of the Title VII section is the Equal Employment Opportunity Act of 1972 which directly impacts human resource management, the day to day operations of an organization and continues to make changes to enhance the discrimination protection of individuals in the workplace.

        Equal Employment Opportunity Act of 1972

        In its fourth attempt to improve Title VII's effectiveness since its enactment in 1964, Congress amends Title VII by approving the Equal Employment Opportunity Act of 1972 (EEO, 2001). The Equal Employment Opportunity Commission was created in 1964 under Title VII of the Civil Rights Act of 1964. The Commission’s mission was to ensure that unlawful employment discrimination was eliminated throughout the nation. Since the inception of the Commission, the EEO Act of 1972 stated the following (EEO, 2001): "The time has come for Congress to correct the defects in its own legislation. The promises of equal job opportunity made in 1964 must [now] be made realities . . . ." In order to enforce and maximize the Act of 1964 and the status of the Commission, several amendments resulted:

The amendments result in the following (EEO, 2001):

1. EEOC has litigation authority. Law suits against private industry employers, unions and employment agencies was allowed.
2. Educational institutions are subject to Title VII. Discrimination was occurring in the field of education as well as employment which resulted in an amendment to include education to protect women and minorities.
3. State and local governments are no longer exempt from Title VII.  No more exemptions means that millions of more employees were covered under Title VII.
4. The Federal Government is subject to Title VII. Federal agencies and many branches were now subject to laws against discrimination from race, color, sex, religion, or national origin.
5. The number of employers covered by Title VII is increased by reducing the number of employees (from 25 to 15) needed for an employer to be covered by the Act.
6. Charging parties have a longer period of time to file their charges, 180 or 300 days rather than 90 or 210 days. Individuals claiming discrimination have 90 days to file in court if EEOC dismisses the case. This allows for the affected individuals to have time to find proper attorney representation for court purposes should they choose to pursue that route with the case.

The President of the United States is now charged with selecting the General Counsel for the Commission by nomination and approval of the Senate.

        Human Resource Management and EEO Act of 1972        

        With many laws regarding equal employment opportunity, human resource departments for all companies must be well versed in the laws in order to avoid any violations of equal employment laws. There are various rights that human resources must be aware with respect to race, age, disabilities, religion, sex, national origin and other items such as (HG.org Legal Services, 2014). Human Resource management must be well aware of the law regarding age of the employee’s and how to avoid discrimination based on age. Employees are legally entitled to limits on drug testing, rights related to wage and hour law, military employees who must take a leave of absence and their return to previous positions with the company, taking unpaid leave for birth or adoption of children, or serious health conditions of immediate family members.

The list of conditions continues to include freedom from disciplinary action over jury duty required of employees, right of advance notice of company closings or layoffs, health and safety rights in the workplace, worker’s compensation rights, privacy rights, and unemployment benefits among a variety of others. On a day to day operational concern, not only are Human Resource specialist charged with being well versed in the laws, but also training and educating the management team on laws protecting employees from any type of discrimination.

Human Resources deals with many employee rights which are inherent in the hiring, firing, disciplining and training process for all company employees (HG.org Legal Services, 2014). Each area has its own unique laws that protect a variety of individuals against some form of discrimination that could potentially be claimed against the employer. Human Resource management must ensure that the processes of hiring, firing, discipline and training are all within lawful guidelines as it related to the Equal Employment Opportunity Act of 1972, and various others that have been established to cover more types of employees over the years. Human Resource management acts as a resource and advocate for the employee to ensure that the employing company is practicing under the federal employees regulations that cover such a wide spectrum of areas for employees (Human Resource Management and the Law, 2014).

        Amendments Affecting Human Resource Management

        The EEOC does not only handle violations of the Civil Rights Act. The commission also handles the (Kadian-Baumeyer, 2014):

• Age Discrimination Act
• Americans with Disabilities Act
• Equal Pay Act
• Pregnancy Discrimination Act

As more families become two wage earner households, more laws have been included to cover more situations with employees, such as the Pregnancy Discrimination Act. In addition to not only the mother having a child being covered under the Family Leave Act, now the father may also take a specified amount of time off from work unpaid without fear of losing his job or related factors with his job.