Hlecture2 - 1 FAIR EMPLOYMENT LEGISLATION[Equal Employment...

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FAIR EMPLOYMENT LEGISLATION [Equal Employment Opportunity or Managing Diversity] Professor Bruce Fortado MAN 4301/6305 University of North Florida The basic aim here is to insure employment decisions are made based on job-related criteria instead of race, color, national origin, sex, religion, age, etc. Sources : Federal and State Laws; Executive Orders; Agency Guidelines; Court Decisions The end results fall in three major categories: 1) Specify procedures the employer must follow 2) Prohibit discriminatory practices 3) Prescribe remedies for affected employees Two major legislative changes occurred in the early 1960s: 1963, The Equal Pay Act = Equal pay for equal work. One can consider factors such as length of service, merit, incentive, and geographic location. 1964 (amended), The Civil Rights Act , Title VII . This legislation created the Equal Employment Opportunity Commission (EEOC) . There are five commissioners who are appointed by the President. This agency has two basic tasks. They (1) formulate procedures, and (2) resolve complaints. There are roughly 3,000 employees, of which 97% are involved in enforcement. There are normally state and even city versions of this agency. In Jacksonville, we have the Human Rights Commission. A person may be urged or required to use one or the other. Normally attempts are made to resolve things via the state (local) agency first. * There are filing deadlines that must be respected. For example, federal cases should be filed within 180 days, and in the state of Florida, one has up to one year. There is a work sharing agreement between most state and federal EEO offices. If one files a charge with the state office and it is forwarded to the federal office, the filing deadline is extended to 300 days. The EEOC will notify the employer within 10 days of the charge being filed. The charge will then be placed into a waiting list until an investigator is assigned. The length of this wait varies greatly with the volume of charges that have been filed during the period in question. A person may be discontented with past events many years later. Legally, the filing deadlines are critical. If there is an ongoing inequity, or a new event takes place that creates a new filing deadline, the filing deadline issue may not be a problem. A past history of similar incidents can create a serious problem for a company if the managers fail to take corrective action. One does not want to have a "pattern in practice" found, or be caught attempting to engage in a "cover-up." * How does a manager normally hear about an employee filing a discrimination charge with the government? The most common form of first contact is a registered letter. Once an investigator 1
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is assigned, the managers will be asked questions. Contacts may later be made by telephone, there may be visits to the site, and/or people may be called in for a hearing. The EEOC may attempt conciliation. If this fails and a problem is deemed to exist, a letter to sue may be issued
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This note was uploaded on 07/29/2011 for the course MAN 4301 taught by Professor Fortado during the Fall '09 term at UNF.

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Hlecture2 - 1 FAIR EMPLOYMENT LEGISLATION[Equal Employment...

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