FAIR EMPLOYMENT LEGISLATION
[Equal Employment Opportunity or Managing Diversity]
Professor Bruce Fortado
University of North Florida
The basic aim here is to insure employment decisions are made based on
instead of race, color, national origin, sex, religion, age, etc.
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
There are normally state and even city versions of this agency.
we have the Human Rights Commission.
A person may be urged or required to use one or the
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
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
The most common form of first contact is a registered letter.
Once an investigator