The Business Case for EEO

1
The Business Case for EEO

• Validate human resources practices
• Class action
• Back pay remedies
• Invitation to EEOC involvement

2
Major Legislation

• Civil Rights Acts of 1866 and 1871
• Equal Pay Act of 1963
• Title VII of the Civil Rights Act of 1964
• Age Discrimination in Employment Act of 1967
• Rehabilitation Act of 1973
• Americans with Disabilities Act of 1990
• Civil Rights Act of 1991
• EEOC resources http//www.eeoc.gov/

3
Historical Interpretations of Title VII

• Evil Intent
• Denial of Equal Treatment
• Adverse Impact
• What is adverse impact?
• What is business necessity?

4
Human Practices Covered

• Promotion and transfer policies
• Hiring
• Recruiting
• Appplications for special training
• Performance appraisal
• Termination and layoffs
• Availability of benefits

5
Reverse Discrimination Key Rulings

• Bakke Decision
• illegal to use fixed quotas
• Communication workers vs. EEOC
• minority status may be one of many factors
  considered in making decisions

6
In case of a complaint...

• Documents facts as quickly as possible
• Investigate thoroughly
• Create a permanent record
• Avoid any discussions with complainant that could
  be construed as retaliatory for filing a charge