Anti-Discrimination Law EEOC US Equal Term Paper

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To be eligible for FMLA an employee must have a condition that makes him or her unable to perform their essential job function" (Vikesland, 2006). Previously-existing amendments to the Civil Rights Act prohibited discrimination against women based upon pregnancy and the Equal Pay Act (EPA) of 1963 mandated equal pay for women and men doing the same work (EEOC, 2011, Official Website).

Protected groups can allege they have been the victims of discrimination based upon charges of disparate treatment and disparate impact. Disparate treatment means that the worker was denied opportunities or advancement based upon his or her membership in a protected category because of the explicit intention of the employer, such as a sexist employer that openly discriminates against women. Disparate impact cases, in contrast, refer to discriminatory policies that have a disparate impact upon a particular group of employees (Payne 2009: 60). For example, an employer might require that all managers are able to lift 50 lb. boxes. Unless the requirements are a necessary part of the job description, employers can be subject to lawsuits if they institute policies that have a disparate impact that results in the victimization of a historically discriminated-against group of employees, such as women (who are less able to lift heavy boxes).

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Periodically screening job descriptions and job requirements are necessary to ensure that a company does not become the target of a disparate impact lawsuit. Creating a non-threatening environment that promotes tolerance rather than hostility is also essential in creating a positive workplace environment that is compliant with the law. Rather than viewing compliance with EEOC law as a burden, employers should remember the benefits that can be accrued from diverse workplaces, and the sources of knowledge provided by diverse employees in an increasingly multicultural, global competitive marketplace.

Resources

EEOC. (2011). Official Website. Retrieved June 10, 2011 at http://www.eeoc.gov/laws/statutes/index.cfm

Pynes, Joan, E. (2009) Human resource management for public and non-profit organizations:

A strategic approach. San Francisco: Jossey-Bass.

Vikesland, Gary. (2006). The Family & Medical Leave….....

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