EQUAL EMPLOYMENT OPPORTUNITY

Covers discrimination and associated topics such as harassment, bullying and victimization. It is
an employment practice where employers do not engage in employment activities that are
prohibited by law. It is illegal for employers to discriminate against an applicant or employee on
the basis of:

Race
Age
Color
Sex
Religion
National origin
Physical or Mental Disability

DEFINITIONS OF DISCRIMINATORY FACTORS

Race: Discrimination occurs when persons are treated differently than others due to
membership in a particular group or because of unalterable characteristics, such as physical
features indigenous to their race.

Color: Discrimination occurs when persons are treated differently than others because of their
skin pigmentation.

Religion: Discrimination occurs in the presence of an employment policy or rule that requires a
person to either violate a fundamental precept of his or her religion or lose an employment
opportunity. Religion is not limited to traditional denominations. Atheists are protected because
of their sincere lack of religious beliefs. An employer is required to make reasonable
accommodation to the religious needs of employees and applicants unless doing so would
create an undue hardship.

Sex: Discrimination occurs when men and women who are similarly situated are treated
differently, or an organizations policy has a disproportionate adverse impact on a person based
on gender. Employees or applicants cannot be excluded from employment because of
pregnancy, childbirth, or related medical conditions.

National Origin: Discrimination occurs based on an individuals or their ancestors place of

origin, or because of an individuals physical, cultural, or linguistic characteristics. This may also
include discrimination because of marriage to or association with persons of a specific national
origin.

Age: Discrimination occurs in the federal sector, when an individual 40 years of age or older is
treated unfavorably, or is adversely impacted by terms and conditions of employment, and there
is no job-related justification.

Physical or Mental Disability: Discrimination occurs when a disabled person is denied

employment or the opportunity for employment because of his/her disability.
Equal Employment Opportunity (EEO) Legislation
Most employers are subject to both Federal and State EEO legislation. Each state and territory
has a separately administered tribunal and court system overseeing these laws. In addition,
employees in any state or territory may utilize the Federal court and tribunal systems.

It is important for managers and supervisors to have some understanding of the employers
obligations under the law in order to ensure compliance.

Federal and State EEO laws provide that it is unlawful to discriminate against a person on
certain prohibited grounds of discrimination. Discrimination is unlawful in the area of
employment, which includes recruitment during employment and termination of employment.

How is the employer accountable under EEO law?

The law generally holds an employer responsible for discrimination or harassment that occurs in
the workplace by its employees. This is called vicarious liability. If however, the employer can
show that it took all reasonable steps to prevent the discrimination or harassment occurring,
then the employer may not be responsible.

How does discrimination occur?

Discrimination occurs if an employee is treated less favorably than other employees in the same
or similar circumstances on the basis of a prohibited ground of discrimination (sex, age, race,
etc). This is known as direct discrimination.

Generally speaking, the ground of discrimination does not have to be the sole or dominant
reason for the less favorable treatment of the employee it only has to be a contributing factor.

What if someone complains of discrimination?

If an employee or job applicant lodges a complaint of discrimination or harassment with the
employer, the complaint should be investigated to determine first, the factual basis of the
allegation (ie whether the facts as alleged are true); and second, whether the facts constitute a
breach of the relevant discrimination legislation. In some cases, the alleged discrimination may
not involve a breach of legislation, but may involve a breach of an employers internal policies
and procedures.

Policy Objective
The overall policy objective for the employment discrimination laws we will be examining is
summed up by the phrase equal opportunity. These laws generally do not aim to create equal
outcomes, but rather seek to ensure that all employees or job applicants have an equal
opportunity to engage in the employment market. In other words, these laws try to level 'the
playing field' so that certain classes of people who have been discriminated against in the past
are not subjected to adverse treatment based upon certain characteristics that have nothing to
do with being a qualified job applicant or employee.

Anti-Discrimination Employment Laws

Now, we're going to look at the laws that were set up to stop discrimination in the workplace.
Modern anti-discrimination employment laws and policies in the United States have their
foundation in the Civil Rights Act of 1964. Title VII of the act makes certain discriminatory
practices illegal, including discrimination based on race, color, religion, sex, or national origin.
Title VII applies to private employers employing 15 or more employees, labor unions, and
employment agencies. The Civil Rights Act also helped create the Equal Employment
Opportunity Commission, which is charged with the enforcement of the federal anti-
discrimination employment laws.
Title VII protects employees or applicants from discrimination in the many employment activities,
including:

Recruitment
Hiring
Promotion
Compensation
Benefits
Training
Other employment terms, conditions and privileges
Harassment
Retaliation, which is adverse action taken because an applicant or employee asserted
rights under Title VII or participated in an EEOC proceeding, such as testifying and
assisting
Segregation and classification
Pre-employment inquiries and requirements, which means nothing should be required
that tends to disclose a characteristic protected under Title VII
Religious practices that don't impose an undue hardship on an employer

The Americans with Disabilities Act (ADA) prohibits discrimination in employment due to a
disability. It applies to employers who employ 15 employees or more, but it does not apply to the
U.S. government. The Rehabilitation Act prohibits disability discrimination and applies to the
U.S. government. It generally provides the same rights as the ADA.
Generally speaking, an individual is disabled under the ADA if he or she suffers from a mental
or physical impairment that substantially limits a major life activity, has a history of disability, or
is perceived to have a disability in certain circumstances. Employers may not discriminate
regarding hiring, firing, training, compensation, benefits, and other terms, conditions and
privileges of employment.

What are the general protections?

The Fair Work Act 2009 (Cth) prohibits an employer from taking 'adverse action' against an
employee (and in some cases independent contractors or prospective employees) for certain
reasons.

In summary, the general protections deal with:

workplace rights;

industrial rights (including industrial activities and freedom of association);

protection from discrimination;

protection from unlawful termination;

 protection from sham arrangements (relating to the engagement of independent
contractors).

What is a workplace right?

An employer is prohibited from taking adverse action against a person as a result of a persons
workplace right, the exercise or non-exercise of that right, or the persons proposal to exercise
or not exercise a workplace right in the future.

A person has a 'workplace right' if they:

are entitled to the benefit, or have a role or responsibility under a workplace law, workplace
instrument or order of an industrial body (for example, an entitlement or benefit such as
personal leave);

are able to initiate, or participate in, a process or proceeding under a workplace law or
instrument (for example, the participation in protected industrial action); or

are able to make a complaint under a workplace law to seek compliance with that law or an
industrial instrument (for example, an application to the Fair Work Commission for the
initiation of unfair dismissal proceedings, or a complaint to the Fair Work Ombudsman).

What is adverse action?

'Adverse action' refers to action taken by an employer, employee, a contractor or an industrial

association, and includes:
dismissing, injuring, or altering an employees position, or discriminating against current
employees;

a prospective employers refusal to employ a prospective employee, or discriminating on

the terms and conditions on which a prospective employee is offered employment;

terminating or altering the position, or injuring an independent contractor, by a principal or

prospective principal;

ceasing work or taking industrial action by an independent contractor against a person (eg
a principal);

an employee ceasing work in the service of the employer, or undertaking industrial action
(however protected action would be an exception);

an industrial association taking industrial action against a person or any action that
prejudices a person in their employment (or prospective persons employment).

What other protections exist under the Fair Work Act?

Among other protections, an employer must not take adverse action against an employee:
*on a prohibited ground of discrimination;
*for participating, or not participating, in industrial activity; or
*Because the employee is or is not a member of an industrial association.
 FRAMEWORK/ORGANIZATIONAL STRUCTURE

Interpersonal Roles

The interpersonal roles link all managerial work together. The three interpersonal roles are
primarily concerned with interpersonal relationships.

Figurehead Role: The manager represents the organization in all matters of formality. The top
level manager represents the company legally and socially to those outside of the organization.
The supervisor represents the work group to higher management and higher management to
the work group.

Liaison Role: The manger interacts with peers and people outside the organization. The top
level manager uses the liaison role to gain favors and information, while the supervisor uses it to
maintain the routine flow of work.

The leader Role: It defines the relationships between the manger and employees.

Informational Roles

The informational roles ensure that information is provided. The three informational roles are
primarily concerned with the information aspects of managerial work.

Monitor Role: The manager receives and collects information about the operation of an
enterprise.

Disseminator Role: The manager transmits special information into the organization. The top
level manager receives and transmits more information from people outside the organization
than the supervisor.
 Spokesperson Role: The manager disseminates the organizations information into its
environment. Thus, the top level manager is seen as an industry expert, while the supervisor is
seen as a unit or departmental expert. 3. Decisional Roles

Decisional roles

Make significant use of the information and there are four decisional roles.

Entrepreneur Role: The manager initiates change, new projects; identify new ideas, delegate
idea responsibility to others.

Disturbance Handler Role: The manager deals with threats to the organization. The
manager takes corrective action during disputes or crises; resolve conflicts among
subordinates; adapt to environmental crisis.

Resource Allocator Role: The manager decides who gets resources; schedule, budget set
priorities and chooses where the organization will apply its efforts.

Negotiator Role: The manager negotiates on behalf of the organization. The top level
manager makes the decisions about the organization as a whole, while the supervisor makes
decisions about his or her particular work unit.

References:

Equal Employment Opportunity:

http://study.com/academy/lesson/what-is-equal-
employment-opportunity-definition-laws-policies.html
http://hradvance.com.au/information/eeo-summary

Framework/Organizational Structure

http://ijrmbs.com/vol2issue3/drpradeep.pdf