In the US, an employer is required to conform to the employment laws, as specified by the congress from time to time. These employment laws are based on the country’s unique multicultural population.
Discrimination by Type
US Federal Laws prohibit employers (employees should be more than fifteen numbers in the subject firm) from indulging in discrimination towards their employees in any matter concerning employment ( e.g. Hiring, Firing, Incentive, Promotion, etc.) due to their (a)country of origin, (b) Age (c) Religious beliefs (d) Gender (e) Color (f) Pregnant Women and (f) disability as per Title VII of the Civil Rights Act of 1962. Employers cannot legally take retaliatory action against employees who have complained to the company. Finally in 2009, GINA was introduced under title VII rules too, which makes it illegal for employers to carry out discrimination against an individual in the basis of his or her genetic information too. The equal pay act which says the same pay will be made for equal amounts of work also falls under EEOC.
Filing an Application
For filing an application, within a certain specified time, the person who believes that he or she has been unfairly discriminated against, should first lodge a complaint with any of the EEOC offices . However action shall be taken from the office of the EEOC which is nearest to the place where the offence allegedly took place.
EEOC is a federal institution which upholds the Title VII laws by going to the court if such an action becomes necessary. It ensures that no discrimination takes place as per the Title VII Laws. EEOC is an acronym for Equal Employment Opportunity Corporation which is the federal body responsible for the execution of the equal opportunity laws and the equal payment act which says that man and woman will receive the same remuneration for the same amount of remuneration. The complainant’s full confidentiality will be maintained by the EEOC during the tenure of the case.
Prohibited practices by the employer
An employer is not allowed , under the EEOC norms, to try to acquire information and documentation relating to what information is not within his rights to acquire. An employer can not advertise for any jobs mentioning any discriminatory practice. Pay level should be equal for equal periods too, of work. The employer can call themselves “ Equal Opportunity Employers” only under such conditions.
A few more pertinent facts about the EEOC Title VII complaints will be.
- It would be wrong to construe that the EEOC is employee favorable. For example, if an owner realizes that a female employee will slow up his work, he is at liberty to refuse the job to the female worker, because of the employee’s gender. An example of a dockyard laborer will illustrate this. Equality does not mean that the employer has to undergo a loss. The phrases “the output being equal” and “ equal productivity” are required to be given due importance.
- An EEOC suit action is possible only within 180 days of the date when the said irregularity took place.
- Sexual harassment at the work place is a serious offence. Sexist remarks have nothing to do in a workplace. Similar is the case with racist innuendoes. However, if the guilty party has no power to hire, fire, transfer , promote or demote the victim, then the victim cannot take the employer to task , unless he or she has formally complained about the matter but the situation has not changed in any way even after a reasonable time period
NB: All information taken from the EEOC web portal https://www.eeoc.gov
