Equal employment opportunity is the idea that anyone should be treated fairly when they are considered for various employment decisions (hiring , promotion, termination and compensation etc.). This means, for example everyone competing for a position at a company should have the same chances of succeeding if they are right for the job.
In the legal sense of the EEO (Equal Employment opportunity) definition ,”same chances” or “equal opportunity ” means that employers can’t use certain characteristics as reasons to hire or reject candidates or make other employment decisions; In other words , they can’t discriminate against those characteristics . In many countries , protected characteristics include :
▪︎Race / Color
▪︎National origin/ ethnicity
▪︎Age
▪︎sex / gender /sexual harassment
▪︎Religion
▪︎ physical or mental disability
EEO doesn’t guarantee that people of underrepresented groups will get hired. The purpose of EEO regulations is to make sure nobody will face rejection or difficulties because they’re in a protected group.
Equal Employment Opportunity
EEO is an employment practice where employers do not engage in employment activities that are prohibited by law. It is illegal for employers to discriminate against an applicant .
Policy Objective
The overall policy objective for the employment discrimination laws we will be examining is summed up by the phrase equal opportunity. These laws generally do not aim to create equal outcomes, but rather seek to ensure that all employees or job applicants have an equal opportunity to engage in the employment market. In other words these laws try to level ‘the playing field ‘ so that certain classes of people who have been discriminated against in the past are not subjected to adverse treatment based upon certain characteristics that have nothing to do with being a qualified job applicant or employee.
Anti- Discrimination of Employment Laws
Now , we are going to look at the laws that were set up to stop discrimination in the workplace.
Mmodern anti discrimination employment laws and policies in the United states have their foundation in the Civil Rights Act of 1964, Title VII of the act makes certain discriminatory practices illegal , including discrimination based on race, color , religion, sex or national origin. Title VII applies to private employers employing 15 or more employees, labor unions, and employment agencies. The Civil Rights Act also helped create the Equal Employment Opportunities Commission, which is charged with the enforcement of the federal anti-discrimination employment laws.
Title VII protects employees or applicants from discrimination in the many employment activities, including:
▪︎Recruitment
▪︎Hiring
▪︎Promotion
▪︎Compensation
▪︎Benefits
▪︎Training
▪︎Other employment terms, conditions and privileges
▪︎Harassment
▪︎Retaliation , which is adverse action taken because an employee or applicant asserted rights under Title VII or participated in an EEOC proceeding, such as testifying and assisting
▪︎Segregation and classification
▪︎Pre-employment inquiries and rerequirements, which means nothing should be required that tends to disclose a characteristic protected under Title VII
▪︎Religious practices that don’t impose an undue hardship on an employer
How is the employer accountable under EEO law ?
The law generally holds an employer responsible for discrimination or harassment that occurs in the workplace by its employees. This is called vicarious liability. If however, the employer can show that it took all reasonable steps to prevent the discrimination or harassment occurring, then the employer may not be responsible.
General Protections
The Fairwork Act 2009 (Cth) prohibits an employer from taking ‘adverse action’ against an employee (and in some cases independent contractors or prospective employees) for certain reasons.
In summary , the general protections deal with :
- workplace rights;
- industrial rights (including industrial activities and freedom of association);
- protection from discrimination;
- protection from unlawful termination;
- protection from sham arrangements (relating to the engagement of independent contractors).
Importance of Equal Employment Opportunity
We all thrive in a workplace that we love to come back to every day. It is also becoming more commonly recognised that an organisation that embraces Equal Employment Opportunity and advocates for workers’ safety are sure to win the confidence and trust of their people. Furthermore, it is essential that an organisation will enforce and act on laws to safeguard the identity, respect their people, and protect them from any unlawful undertaking whatsoever. However, the importance and benefits of imposing Equal Employment Opportunity Training and Policies limited to the employees. It has a broad scope of recognition for the employer as well. Please read on to find out why understanding and implementing best practise EEO is vital for your organisation.
▪︎ Improved recruitment
▪︎Increased employee engagement
▪︎Greater customer satisfaction and service
▪︎Protect your people and your business
▪︎Stronger brand reputation
There’s no doubt as to why organisations should issue Equal Employment Opportunity policies. However, on devising and implementing one, companies should educate and train their workforce about the growing incidents of workplace conflict due to prejudices based on background, race, sex, culture, religion, language, etc., and how they can identify, report and resolve such incidents in the workplace.
is the responsibility of an organisation to strive for a safe, fair and inclusive work environment for their workers where they can prosper and contribute intrinsically to the organisation’s growth. That is why we see an increase in commitment from organisations of all sizes, from small and medium business to larger organisations, to train their staff and have policies in place for things such as work health and safety, privacy, workplace bullying, sexual harassment and equal employment opportunity. That is because we now recognize the importance of both physical security and social protection for our people.
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