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 Job Discrimination Complaints: Part IIIIn the previous two articles, I have been discussing what constitutes discrimination in employment, how to file a complaint, and what happens once charges are filed with the United States Equal Employment Opportunity Commission (EEOC). This article will cover what employers are required to do under the laws enforced by the EEOC.The EEOC, you will recall, is responsible for administering compliance to discrimination policies established under Title VII of the Civil Rights Act (Title VII), the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Illegal discrimination, as defined by these acts, can occur in any aspect of employment including hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment. Discriminatory practices under these laws also include harassment on the basic of race, color, religion, sex, national origin, disability or age; retaliation against individuals filing charges, participating in an investigation or in opposition of discriminatory practices; employment decisions based on stereotypes or assumptions about the abilities, traits or performance of any of the protected persons under these acts or denying employment opportunities to a person because of marriage to, or association with an individual so protected. Title VII also prohibits discrimination due to participation in schools and places of worship that are associated with particular racial, ethnic, or religious group. Employers are required to post accessible notices advising employees of their rights under these laws as well as their right to be free from retaliation. An equal opportunity employer statement should also be part of your employee manual stating compliance with all state and federal laws regarding discrimination. This statement should include several persons within the organization that harassment can be reported to for investigation and subsequent discipline, if necessary. All management and supervisory personnel should be made cognizant of the laws and procedures associated with the EEOC and be prepared to adhere to them. Employers must also provide reasonable accommodation under the ADA to applicants and employees with qualified disabilities. A person may be disabled under the ADA if he or she has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. Reasonable accommodation may include, but is not limited to, the necessity to alter existing facilities, and to acquire or modify equipment and training materials so they are accessible. Employers are not, however, required to lower production standards to make an accommodation. If as an employer, you need assistance to fully understand and comply with the complexities of the laws administered by the EEOC, please contact me. |
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