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Discriminati on Gabriela Rosas Human Resources VP

Discrimination Overview

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Discrimination overview and things to know for managers

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  • 1. DiscriminationGabriela RosasHuman Resources VP

2. Overview Types of Discrimination Laws and Regulations Memorandum of Understanding with EEOC Prohibited Practices and Examples Resources 3. Types of Discrimination Age Disability Equal Pay/Compensation Genetic Information Harassment National Origin Pregnancy Race/Color Religion Retaliation Sex Sexual Harassment 4. Laws and Regulations Title VII of the Civil Rights Act of 1964 This law makes it illegal to discriminate against someoneon the basis of race, color, religion, national origin, or sex The law also makes it illegal to retaliate against a personbecause the person complained about discrimination, fileda charge of discrimination, or participated in anemployment discrimination investigation or lawsuit The law also requires that employers reasonablyaccommodate applicants' and employees' sincerely heldreligious practices, unless doing so would impose anundue hardship on the operation of the employer'sbusiness 5. Laws and Regulations EEOC's regulations are published annually in Title 29 of theCode of Federal Regulations (CFR) The CFR is available online through the U.S. GovernmentPrinting Office The e-CFR is a regularly updated, unofficial editorialcompilation of CFR material and Federal Registeramendments 6. Memorandum of Understanding The Equal Employment Opportunity Commission (EEOC) andthe U.S. Department of Labor (DOL), Office of FederalContract Compliance Programs (OFCCP) have updated theMemorandum of Understanding (MOU), last published at 64Fed. Reg. 17,664 (April 12, 1999) Updates include: Using contemporary office names and titles Designating a Coordination Advocate at both agencies Reorganizing and/or condensing language for clarity Streamlining the Compliance Coordination Committees Clarifying the complaint/charge referral procedures. 7. Prohibited PracticesJob Advertisements It is illegal for an employer to publish a job advertisement that shows a preferencefor or discourages someone from applying for a job because of his or her race,color, religion, sex (including pregnancy), national origin, age (40 or older), disabilityor genetic information Example: A help-wanted ad that seeks "females" or "recent college graduates" maydiscourage men and people over 40 from applying and may violate the lawRecruitment It is also illegal for an employer to recruit new employees in a way that discriminatesagainst them because of their race, color, religion, sex (including pregnancy),national origin, age (40 or older), disability or genetic information Example: An employer's reliance on word-of-mouth recruitment by its mostly Hispanic workforce may violate the law if the result is that almost all new hires are Hispanic 8. Prohibited PracticesApplication & Hiring It is illegal for an employer to discriminate against a job applicant because of hisor her race, color, religion, sex (including pregnancy), national origin, age (40 orolder), disability or genetic information Example An employer may not refuse to give employment applications to people of acertain race. An employer may not base hiring decisions on stereotypes and assumptionsabout a person's race, color, religion, sex (including pregnancy), national origin,age (40 or older), disability or genetic information If an employer requires job applicants to take a test, the test must be necessaryand related to the job and the employer may not exclude people of a particularrace, color, religion, sex (including pregnancy), national origin, or individuals withdisabilities. In addition, the employer may not use a test that excludes applicantsage 40 or older if the test is not based on a reasonable factor other than age If a job applicant with a disability needs an accommodation (such as a signlanguage interpreter) to apply for a job, the employer is required to provide theaccommodation, so long as the accommodation does not cause the employersignificant difficulty or expense 9. Resources http://www.eeoc.gov/laws/practices/index.cfm 10. Conclusion Types of Discrimination Laws and Regulations Memorandum of Understanding with EEOC Prohibited Practices and Examples Resources