ECE _DSST _ Human Resource MGMT

The act does not require employers to hire or promote

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The Act does not require employers to hire or promote individuals who are not qualified for the job. Therefore, if the man’s qualifications and skills made him a better candidate than the woman, the company would be justified in hiring him and no breach of the Act would have occurred. The Civil Rights Act (1964) covers the majority of organizations but government -owned corporations, bona-fide tax- exempt clubs, religious organizations that want to hire only employees of their faith and companies hiring Native Americans on or close to reservations are all exceptions to the rule. One of the legitimate defenses to a charge of discrimination in employment preferences as enshrined in the Civil Rights Act (1964) is the Bona fide occupational qualification (BFOQ). The BFOQ allows discrimination where employment preferences are reasonably necessary for the normal operation of the business. For example, it is reasonable to want to hire male models for a male clothing photo shoot. As religious-based discrimination is illegal under Title VII of the Civil Rights Act, managers must make reasonable allowances for an employee's appearance, as well as scheduling time-off for religious events. Employers must make a reasonable allowance for the appearance of an employee in the practice of his or her religion. Therefore, veils, turbans and beards should be permissible at the place of employment. The organization that is empowered by the Civil Rights Act (1964) to administer the legislation and promote equal opportunity is the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission (EEOC) is the body created by the Civil Rights Act for this task. The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against workers, in any aspect of employment, who are over the age of forty. Employers covered by the ADEA are those with more than 20 employees, unions with 25 or more members, employment agencies as well as federal, state and local governments. Unions are covered by the Age Discrimination in Employment Act (ADEA) as well because the opportunity to discriminate based on age also exists in the unions. A legitimate exception to the ADEA will be the application of the BFOQ where an employer can demonstrate that age may affect public safety or organizational efficiency. If the employer can prove that there is a genuine public safety risk, then age can be legitimate justification for discrimination. An example would be in the transportation industry, where age requirements can be laid down for employees such as train and bus drivers.
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The Equal Employment Opportunity Act of 1972 (EEOA) extended the coverage of the Civil Rights Act (1964) to include state and local governments as well as public and private educational institutions.
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