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– ## UnitIStudyGuide.pdf
**## HumanManagementResourceMethodsHRM6301UnitIDB.docx**
2
Human Resources Management Methods HRM 6301
Equal employment opportunity and subsequent discrimination are major factors in today’s workplace. For a quick review, you can access the U.S. Equal Employment Opportunity Commission's
[Employees & Job Applicants](https://www.eeoc.gov/employees-job-applicants) webpage to review discrimination by type.
Considering the many types of employment discrimination, share which discrimination law you believe is the most important. Explain your rationale.
Initial post to be a minimum of 500 words and at least one supporting reference.
**## UnitIStudyGuide.pdf**
HRM 6301, Human Resource Management Methods 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
2. Discuss the impact of employment law on an organization’s policy on equal employment opportunity.
2.1 Explain the importance of equal employment opportunity.
2.2 Evaluate federal and state discrimination laws.
2.3 Develop a nondiscriminatory policy.
Required Unit Resources
In order to access the following resources, click the links below.
The videos, articles and webpages below offer valuable information on this unit’s topics of equal employment
opportunity and federal and state discrimination laws.
Moore & Associates. (2018, January 23). The majority of discrimination cases [Video]. Cielo24.
https://c24.page/4svajfncqqwgcmfnkxj8abndnz
Piccolo Law Offices. (2017, August 25). What’s required to prove discrimination in the workplace? [Video].
Cielo24. https://c24.page/gufxvev9frkwe7sa7639fkzx4s
Transcripts and closed captioning for the above two videos are available once you access the links provided.
Read the following articles and webpages.
Morrish, J. (2005, August 5). Mission incomprehensible. Campaign, 32, 22–23.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=tsh&AN=17992344&site=ehost-live&scope=site
Register, T. M. (2017, March). The case for deferring to the EEOC's interpretations in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/ITBC?u=oran95108&sid=ITBC&xi
d=f91daf7c
U.S. Equal Employment Opportunity Commission. (1990, March 19). Policy guidance on current issues of
sexual harassment (EEOC Notice No. N-915-050).
https://www.eeoc.gov/policy/docs/currentissues.html
U.S. Equal Employment Opportunity Commission. (2019, April 10). EEOC releases fiscal year 2018
enforcement and litigation data [Press release]. https://www.eeoc.gov/eeoc/newsroom/release/4-10-
19.cfm
Read pp. 1–4 of the following article.
Wolf, P. (2018). Check-in: EEOC, DOL, and NLRB compliance. Labor Law Journal, 69(3), 145–159.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=bsu&AN=131415743&site=ehost-live&scope=site
UNIT I STUDY GUIDE
Equal Employment Opportunity
HRM 6301, Human Resource Management Methods 2
UNIT x STUDY GUIDE
Title
Unit Lesson
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Here, in Unit I, we start the discussion with equal employment opportunity (EEO) and the U.S. Equal
Employment Opportunity Commission (EEOC). Why is it important to understand EEO? Why is it important
that there is equal opportunity in your organization? The statistics should provide the answer. In 2018, the
EEOC resolved 90,558 charges of discrimination. The victims in the private sector, the state and local
government, and the federal workplace received $505 million in compensation (EEOC, n.d.-c). You are
encouraged to explore charge receipts by state. Visit the FY 2009 – 2021 EEOC Charge Receipts by State
(includes U.S. Territories) and Basis website. Once at the site, use the drop-down box to select the state of
your choice.
The New Director of HR Management
Any real-world business must be careful to avoid discriminatory practices. So, let’s establish that you have
been hired as the first director of HR in this organization. Even though it is everyone’s responsibility to
understand EEO, the applicable state and federal laws, and the different types of discrimination, you will be
the one to whom leadership and employees will look to for guidance as the new HR director. It is the
responsibility of employers to have policies that will prevent discrimination in the workplace. One of the first
things that leadership has asked you to share is information about the EEOC and to develop an
antidiscrimination policy.
EEOC
Before you can develop the antidiscrimination policy, you need to do some research about the EEOC.
According the EEOC (n.d.-b), the EEOC is a government agency that enforces federal laws and develops
policy to prevent discrimination. The president of the United States appoints the EEOC members, and the
committee is bi-partisan and comprised of five members. A general counsel is also appointed to provide
support to the members.
The EEOC is headquartered in Washington, D.C., and as you will find out in your research, EEOC field offices
are located throughout the states. The EEOC investigates charges of discrimination in organizations covered
by EEO laws. It is important to understand that EEO laws do not apply to all organizations. Employers must
have a certain number of employees to be covered by the laws enforced by the EEOC. Generally, an
employer must have at least 15 employees to be held accountable to EEOC laws. They must have at least 20
employees to be held to laws regarding age discrimination. The majority of all labor unions and employment
agencies are also bound by EEOC laws (EEOC, n.d.-a). Title VII also covers private and public colleges and
universities as well as employment agencies. You are encouraged to access the EEOC website in order to
explore state EEO laws that are applicable to your organization. Now, let’s focus on federal laws that prohibit
job discrimination.
Federal Laws Against Discrimination
There are laws that make it illegal for an employer to discriminate or harass employees, former employees,
job applicants, or applicants in a training or apprenticeship program. It is important to note that federal laws
not only prevent employer discrimination but also prevent employee-to-employee discrimination. The laws
prohibit discrimination or retaliation against employees who make a complaint against an employer, file a
HRM 6301, Human Resource Management Methods 3
UNIT x STUDY GUIDE
Title
charge with the EEOC, participate in an investigation, or are involved in a lawsuit. Retaliation occurs when
there is some type of punitive action taken by employers against individuals who exercise their legal rights. An
example would be demoting someone who participated in an investigation about a sexual harassment charge;
you cannot do this. The EEOC enforces several laws including Title VII of the Civil Rights Act of 1964 (EEOC,
n.d.-a).
Title VII of the Civil Rights Act: The
first important and pivotal law that
should be shared with leadership and
employees is Title VII of the Civil
Rights Act of 1964 (Title VII). In 1964,
Title VII was signed into law by then-
U.S. President Lyndon B. Johnson.
This law makes it illegal for employers
and organization personnel to
discriminate against someone based
on race, color, religion, national origin,
or sex (EEOC, n.d.-a). These areas
are commonly referred to as the
protected classes of Title VII.
Civil Rights Act of 1991: In 1991,
Title VII was amended with the most
complete civil rights legislation since 1964. Although it is considered an amendment and did not replace Title
VII, it did strengthen it considerably in the areas of rights of women and minorities. It also added new
legislation regarding compensatory and punitive damages. According to the EEOC (n.d.-a), the Civil Rights
Act of 1991 strengthened legal protections for employers and allowed for jury trials and for successful
plaintiffs to be compensated for damages in employment discrimination cases. There were also limits put on
the compensation awarded for compensatory and punitive damages. In addition, when individuals are
substantially underrepresented due to employment decisions, this creates an unfair playing field; therefore,
this amendment also addresses disparate impact.
Pregnancy Discrimination Act: This was another amendment to Title VII. You cannot ask a potential female
candidate if she is pregnant or plans to have children, as it is illegal to discriminate against a female based on
pregnancy, childbirth, or any related medical condition (EEOC, n.d.-a).
The Equal Pay Act of 1963 (EPA): It is illegal to pay different wages to men and women in the workplace if
they perform substantially equal jobs that require equal skill, effort, and responsibility and are performed
under similar working conditions. An employer cannot pay lower wages based on gender (EEOC, n.d.-a).
The Age Discrimination in Employment Act of 1967 (ADEA): Anyone 40 years and older is protected by
ADEA (EEOC, n.d.-a). If you do not hire someone simply because of his or her age and it is not a bona fide
occupational qualification (BFOQ), then this would be considered age discrimination. BFOQ is where there is
a legitimate reason why someone can be excluded for an otherwise legal reason. In the case of age, let’s
consider an airline that has a mandatory retirement age of 80 for its pilots. Not hiring an 85-year-old pilot
would be an example of a non-hiring decision based on BFOQ, which would not qualify as discrimination. It is
important to note the race is not an acceptable basis for a BFOQ.
Title I of the American with Disabilities of Act of 1990 (ADA): In the private sector as well as in state and
local governments, you cannot discriminate against a qualified person with a disability (EEOC, n.d.-a). The
scope of this law is broad as it covers both physical and mental disabilities. Unless the employer can
demonstrate that there is undue hardship, a reasonable accommodation must be made. A reasonable
accommodation is a modification to the work environment or the job that will allow a person with a disability to
perform the work required for the job.
Title II of the Genetic Information Nondiscrimination Act of 2008: It is illegal to discriminate against
employees or applicants because of genetic information. Requiring, obtaining, or interpreting genetic
information cannot be used to make employment decisions (EEOC, n.d.-a).
HRM 6301, Human Resource Management Methods 4
UNIT x STUDY GUIDE
Title
Landmark Cases
The EEOC receives a plethora of discrimination complaints yearly. In 2018, the complaints and percentages
of all charges filed were as shown below (EEOC, n.d.-c).
• Retaliation: 39,469 (51.6%)
• Sex: 24,655 (32.3%)
• Race: 24,600 (32.2%)
• Disability: 24,605 (32.2%)
• Age: 16,911 (22.1%)
• National Origin: 7,106 (9.3%)
• Color: 3,166 (4.1%)
• Religion: 2,859 (3.7%)
• Equal Pay Act: 1,066 (1.4%)
• Genetic Information: 220 (0.3%)
Due to the high propensity for complaints, HR management personnel need to be aware of and stay on top of
important landmark cases that are directly related to specific areas of HR. These cases set a precedent and
may have an impact on the application of certain laws. Two cases that relate to discrimination laws would be
Macy v Holder and Baldwin v Foxx (Register, 2017). Macy, a transgender woman, alleged that she was
discriminated against because of her gender identity. Foxx asserted that he was not selected for a position
because of his sexual orientation. In 2015, the U.S. Supreme Court found that under the 14th Amendment of
Title VII of the Civil Rights Act, states must recognize and grant marriage licenses to same-sex couples while
the EEOC interpreted the legislation to incorporate gender identify and sexual orientation.
Developing an Antidiscrimination Policy
With this understanding of federal laws against discrimination, you can now recognize the importance of
having an antidiscrimination policy. Even though this policy may not be required in your state or required by
some federal laws, you realize that, to protect your employees, this is something you need to develop as an
HR manager or director. It is important that the policy be consistently followed and enforced. It is also
suggested that any policy be reviewed by legal counsel to ensure all applicable laws are followed. An
antidiscrimination policy should be clear, concise, and inclusive.
Let’s look at an example. Columbia Southern University (CSU) has established an EEO statement. The policy
is shown below.
To provide equal employment and advancement opportunities to all individuals, employment
decisions at Columbia Southern University will be based on merit, qualifications, and abilities. Except
where required or permitted by law, employment practices will not be influenced or affected by an
applicant's or employee's race, color, religion, sex, national origin, age, disability, or any other
characteristic protected by law.
Columbia Southern University will make reasonable accommodations for qualified individuals with
known disabilities unless doing so would result in an undue hardship. This policy governs all aspects
of employment, including selection, job assignment, compensation, discipline, termination, and
access to benefits and training.
Columbia Southern University does not discriminate on the basis of race, color, national origin, sex,
age, religion, disability, or any other protected characteristic in admission or access to, or treatment or
employment in, its programs and activities. Any person having questions concerning CSU's
compliance with the regulations implementing Title IX, Section 504, is directed to contact the Title IX
Administrator.
Any employee with questions or concerns about any class of discrimination in the workplace is
encouraged to bring these issues to the attention of their immediate supervisor or the Human
Resources Department. Employees may raise concerns and make reports without fear of reprisal.
HRM 6301, Human Resource Management Methods 5
UNIT x STUDY GUIDE
Title
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary
action, up to and including termination of employment. (CSU, 2020, p. 8)
The importance of having such a policy cannot be understated. In this unit, the focus was on EEO and federal
laws that were enacted to protect against discrimination. In Unit II, we will expand on EEO and its impact on
recruiting and hiring practices. To expand on this unit’s concepts and to prepare for the next unit, you are
encouraged to explore the suggested unit resources listed in this unit.
References
Columbia Southern University. (2020). Columbia Southern University employee handbook.
Register, T. M. (2017, March). The case for deferring to the EEOC’s interpretation in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/AONE?u=oran95108&sid=
AONE&xid=72e6ed62
U.S. Equal Employment Opportunity Commission. (n.d.-a). Laws enforced by EEOC.
https://www.eeoc.gov/laws/statutes/index.cfm
U.S. Equal Employment Opportunity Commission. (n.d.-b). Overview. https://www.eeoc.gov/overview
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Suggested Unit Resources
In order to access the following resources, click the links below.
The following web pages contain further information related to this unit’s topic of Equal Employment
Opportunity. You are encouraged to visit each site to review not only the page referenced, but the wealth of
other information on the sites. Consider bookmarking some sites for your future reference.
U.S. Equal Employment Opportunity Commission. (n.d.). Statistics. https://www.eeoc.gov/statistics
U.S. Employment Opportunity Commission. (n.d.). General non-discrimination policy tips.
https://www.eeoc.gov/employers/smallbusiness/checklists/general_non-discrimination_policy.cfm
U.S. Equal Employment Opportunity Commission. (n.d.). Prohibited employment policies/practices.
https://www.eeoc.gov/laws/practices/index.cfm
**## UnitIStudyGuide.pdf**
HRM 6301, Human Resource Management Methods 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
2. Discuss the impact of employment law on an organization’s policy on equal employment opportunity.
2.1 Explain the importance of equal employment opportunity.
2.2 Evaluate federal and state discrimination laws.
2.3 Develop a nondiscriminatory policy.
Required Unit Resources
In order to access the following resources, click the links below.
The videos, articles and webpages below offer valuable information on this unit’s topics of equal employment
opportunity and federal and state discrimination laws.
Moore & Associates. (2018, January 23). The majority of discrimination cases [Video]. Cielo24.
https://c24.page/4svajfncqqwgcmfnkxj8abndnz
Piccolo Law Offices. (2017, August 25). What’s required to prove discrimination in the workplace? [Video].
Cielo24. https://c24.page/gufxvev9frkwe7sa7639fkzx4s
Transcripts and closed captioning for the above two videos are available once you access the links provided.
Read the following articles and webpages.
Morrish, J. (2005, August 5). Mission incomprehensible. Campaign, 32, 22–23.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=tsh&AN=17992344&site=ehost-live&scope=site
Register, T. M. (2017, March). The case for deferring to the EEOC's interpretations in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/ITBC?u=oran95108&sid=ITBC&xi
d=f91daf7c
U.S. Equal Employment Opportunity Commission. (1990, March 19). Policy guidance on current issues of
sexual harassment (EEOC Notice No. N-915-050).
https://www.eeoc.gov/policy/docs/currentissues.html
U.S. Equal Employment Opportunity Commission. (2019, April 10). EEOC releases fiscal year 2018
enforcement and litigation data [Press release]. https://www.eeoc.gov/eeoc/newsroom/release/4-10-
19.cfm
Read pp. 1–4 of the following article.
Wolf, P. (2018). Check-in: EEOC, DOL, and NLRB compliance. Labor Law Journal, 69(3), 145–159.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=bsu&AN=131415743&site=ehost-live&scope=site
UNIT I STUDY GUIDE
Equal Employment Opportunity
HRM 6301, Human Resource Management Methods 2
UNIT x STUDY GUIDE
Title
Unit Lesson
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Here, in Unit I, we start the discussion with equal employment opportunity (EEO) and the U.S. Equal
Employment Opportunity Commission (EEOC). Why is it important to understand EEO? Why is it important
that there is equal opportunity in your organization? The statistics should provide the answer. In 2018, the
EEOC resolved 90,558 charges of discrimination. The victims in the private sector, the state and local
government, and the federal workplace received $505 million in compensation (EEOC, n.d.-c). You are
encouraged to explore charge receipts by state. Visit the FY 2009 – 2021 EEOC Charge Receipts by State
(includes U.S. Territories) and Basis website. Once at the site, use the drop-down box to select the state of
your choice.
The New Director of HR Management
Any real-world business must be careful to avoid discriminatory practices. So, let’s establish that you have
been hired as the first director of HR in this organization. Even though it is everyone’s responsibility to
understand EEO, the applicable state and federal laws, and the different types of discrimination, you will be
the one to whom leadership and employees will look to for guidance as the new HR director. It is the
responsibility of employers to have policies that will prevent discrimination in the workplace. One of the first
things that leadership has asked you to share is information about the EEOC and to develop an
antidiscrimination policy.
EEOC
Before you can develop the antidiscrimination policy, you need to do some research about the EEOC.
According the EEOC (n.d.-b), the EEOC is a government agency that enforces federal laws and develops
policy to prevent discrimination. The president of the United States appoints the EEOC members, and the
committee is bi-partisan and comprised of five members. A general counsel is also appointed to provide
support to the members.
The EEOC is headquartered in Washington, D.C., and as you will find out in your research, EEOC field offices
are located throughout the states. The EEOC investigates charges of discrimination in organizations covered
by EEO laws. It is important to understand that EEO laws do not apply to all organizations. Employers must
have a certain number of employees to be covered by the laws enforced by the EEOC. Generally, an
employer must have at least 15 employees to be held accountable to EEOC laws. They must have at least 20
employees to be held to laws regarding age discrimination. The majority of all labor unions and employment
agencies are also bound by EEOC laws (EEOC, n.d.-a). Title VII also covers private and public colleges and
universities as well as employment agencies. You are encouraged to access the EEOC website in order to
explore state EEO laws that are applicable to your organization. Now, let’s focus on federal laws that prohibit
job discrimination.
Federal Laws Against Discrimination
There are laws that make it illegal for an employer to discriminate or harass employees, former employees,
job applicants, or applicants in a training or apprenticeship program. It is important to note that federal laws
not only prevent employer discrimination but also prevent employee-to-employee discrimination. The laws
prohibit discrimination or retaliation against employees who make a complaint against an employer, file a
HRM 6301, Human Resource Management Methods 3
UNIT x STUDY GUIDE
Title
charge with the EEOC, participate in an investigation, or are involved in a lawsuit. Retaliation occurs when
there is some type of punitive action taken by employers against individuals who exercise their legal rights. An
example would be demoting someone who participated in an investigation about a sexual harassment charge;
you cannot do this. The EEOC enforces several laws including Title VII of the Civil Rights Act of 1964 (EEOC,
n.d.-a).
Title VII of the Civil Rights Act: The
first important and pivotal law that
should be shared with leadership and
employees is Title VII of the Civil
Rights Act of 1964 (Title VII). In 1964,
Title VII was signed into law by then-
U.S. President Lyndon B. Johnson.
This law makes it illegal for employers
and organization personnel to
discriminate against someone based
on race, color, religion, national origin,
or sex (EEOC, n.d.-a). These areas
are commonly referred to as the
protected classes of Title VII.
Civil Rights Act of 1991: In 1991,
Title VII was amended with the most
complete civil rights legislation since 1964. Although it is considered an amendment and did not replace Title
VII, it did strengthen it considerably in the areas of rights of women and minorities. It also added new
legislation regarding compensatory and punitive damages. According to the EEOC (n.d.-a), the Civil Rights
Act of 1991 strengthened legal protections for employers and allowed for jury trials and for successful
plaintiffs to be compensated for damages in employment discrimination cases. There were also limits put on
the compensation awarded for compensatory and punitive damages. In addition, when individuals are
substantially underrepresented due to employment decisions, this creates an unfair playing field; therefore,
this amendment also addresses disparate impact.
Pregnancy Discrimination Act: This was another amendment to Title VII. You cannot ask a potential female
candidate if she is pregnant or plans to have children, as it is illegal to discriminate against a female based on
pregnancy, childbirth, or any related medical condition (EEOC, n.d.-a).
The Equal Pay Act of 1963 (EPA): It is illegal to pay different wages to men and women in the workplace if
they perform substantially equal jobs that require equal skill, effort, and responsibility and are performed
under similar working conditions. An employer cannot pay lower wages based on gender (EEOC, n.d.-a).
The Age Discrimination in Employment Act of 1967 (ADEA): Anyone 40 years and older is protected by
ADEA (EEOC, n.d.-a). If you do not hire someone simply because of his or her age and it is not a bona fide
occupational qualification (BFOQ), then this would be considered age discrimination. BFOQ is where there is
a legitimate reason why someone can be excluded for an otherwise legal reason. In the case of age, let’s
consider an airline that has a mandatory retirement age of 80 for its pilots. Not hiring an 85-year-old pilot
would be an example of a non-hiring decision based on BFOQ, which would not qualify as discrimination. It is
important to note the race is not an acceptable basis for a BFOQ.
Title I of the American with Disabilities of Act of 1990 (ADA): In the private sector as well as in state and
local governments, you cannot discriminate against a qualified person with a disability (EEOC, n.d.-a). The
scope of this law is broad as it covers both physical and mental disabilities. Unless the employer can
demonstrate that there is undue hardship, a reasonable accommodation must be made. A reasonable
accommodation is a modification to the work environment or the job that will allow a person with a disability to
perform the work required for the job.
Title II of the Genetic Information Nondiscrimination Act of 2008: It is illegal to discriminate against
employees or applicants because of genetic information. Requiring, obtaining, or interpreting genetic
information cannot be used to make employment decisions (EEOC, n.d.-a).
HRM 6301, Human Resource Management Methods 4
UNIT x STUDY GUIDE
Title
Landmark Cases
The EEOC receives a plethora of discrimination complaints yearly. In 2018, the complaints and percentages
of all charges filed were as shown below (EEOC, n.d.-c).
• Retaliation: 39,469 (51.6%)
• Sex: 24,655 (32.3%)
• Race: 24,600 (32.2%)
• Disability: 24,605 (32.2%)
• Age: 16,911 (22.1%)
• National Origin: 7,106 (9.3%)
• Color: 3,166 (4.1%)
• Religion: 2,859 (3.7%)
• Equal Pay Act: 1,066 (1.4%)
• Genetic Information: 220 (0.3%)
Due to the high propensity for complaints, HR management personnel need to be aware of and stay on top of
important landmark cases that are directly related to specific areas of HR. These cases set a precedent and
may have an impact on the application of certain laws. Two cases that relate to discrimination laws would be
Macy v Holder and Baldwin v Foxx (Register, 2017). Macy, a transgender woman, alleged that she was
discriminated against because of her gender identity. Foxx asserted that he was not selected for a position
because of his sexual orientation. In 2015, the U.S. Supreme Court found that under the 14th Amendment of
Title VII of the Civil Rights Act, states must recognize and grant marriage licenses to same-sex couples while
the EEOC interpreted the legislation to incorporate gender identify and sexual orientation.
Developing an Antidiscrimination Policy
With this understanding of federal laws against discrimination, you can now recognize the importance of
having an antidiscrimination policy. Even though this policy may not be required in your state or required by
some federal laws, you realize that, to protect your employees, this is something you need to develop as an
HR manager or director. It is important that the policy be consistently followed and enforced. It is also
suggested that any policy be reviewed by legal counsel to ensure all applicable laws are followed. An
antidiscrimination policy should be clear, concise, and inclusive.
Let’s look at an example. Columbia Southern University (CSU) has established an EEO statement. The policy
is shown below.
To provide equal employment and advancement opportunities to all individuals, employment
decisions at Columbia Southern University will be based on merit, qualifications, and abilities. Except
where required or permitted by law, employment practices will not be influenced or affected by an
applicant's or employee's race, color, religion, sex, national origin, age, disability, or any other
characteristic protected by law.
Columbia Southern University will make reasonable accommodations for qualified individuals with
known disabilities unless doing so would result in an undue hardship. This policy governs all aspects
of employment, including selection, job assignment, compensation, discipline, termination, and
access to benefits and training.
Columbia Southern University does not discriminate on the basis of race, color, national origin, sex,
age, religion, disability, or any other protected characteristic in admission or access to, or treatment or
employment in, its programs and activities. Any person having questions concerning CSU's
compliance with the regulations implementing Title IX, Section 504, is directed to contact the Title IX
Administrator.
Any employee with questions or concerns about any class of discrimination in the workplace is
encouraged to bring these issues to the attention of their immediate supervisor or the Human
Resources Department. Employees may raise concerns and make reports without fear of reprisal.
HRM 6301, Human Resource Management Methods 5
UNIT x STUDY GUIDE
Title
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary
action, up to and including termination of employment. (CSU, 2020, p. 8)
The importance of having such a policy cannot be understated. In this unit, the focus was on EEO and federal
laws that were enacted to protect against discrimination. In Unit II, we will expand on EEO and its impact on
recruiting and hiring practices. To expand on this unit’s concepts and to prepare for the next unit, you are
encouraged to explore the suggested unit resources listed in this unit.
References
Columbia Southern University. (2020). Columbia Southern University employee handbook.
Register, T. M. (2017, March). The case for deferring to the EEOC’s interpretation in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/AONE?u=oran95108&sid=
AONE&xid=72e6ed62
U.S. Equal Employment Opportunity Commission. (n.d.-a). Laws enforced by EEOC.
https://www.eeoc.gov/laws/statutes/index.cfm
U.S. Equal Employment Opportunity Commission. (n.d.-b). Overview. https://www.eeoc.gov/overview
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Suggested Unit Resources
In order to access the following resources, click the links below.
The following web pages contain further information related to this unit’s topic of Equal Employment
Opportunity. You are encouraged to visit each site to review not only the page referenced, but the wealth of
other information on the sites. Consider bookmarking some sites for your future reference.
U.S. Equal Employment Opportunity Commission. (n.d.). Statistics. https://www.eeoc.gov/statistics
U.S. Employment Opportunity Commission. (n.d.). General non-discrimination policy tips.
https://www.eeoc.gov/employers/smallbusiness/checklists/general_non-discrimination_policy.cfm
U.S. Equal Employment Opportunity Commission. (n.d.). Prohibited employment policies/practices.
https://www.eeoc.gov/laws/practices/index.cfm
**## HumanManagementResourceMethodsHRM6301UnitIDB.docx**
2
Human Resources Management Methods HRM 6301
Equal employment opportunity and subsequent discrimination are major factors in today’s workplace. For a quick review, you can access the U.S. Equal Employment Opportunity Commission's
[Employees & Job Applicants](https://www.eeoc.gov/employees-job-applicants) webpage to review discrimination by type.
Considering the many types of employment discrimination, share which discrimination law you believe is the most important. Explain your rationale.
Initial post to be a minimum of 500 words and at least one supporting reference.
**## UnitIStudyGuide.pdf**
HRM 6301, Human Resource Management Methods 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
2. Discuss the impact of employment law on an organization’s policy on equal employment opportunity.
2.1 Explain the importance of equal employment opportunity.
2.2 Evaluate federal and state discrimination laws.
2.3 Develop a nondiscriminatory policy.
Required Unit Resources
In order to access the following resources, click the links below.
The videos, articles and webpages below offer valuable information on this unit’s topics of equal employment
opportunity and federal and state discrimination laws.
Moore & Associates. (2018, January 23). The majority of discrimination cases [Video]. Cielo24.
https://c24.page/4svajfncqqwgcmfnkxj8abndnz
Piccolo Law Offices. (2017, August 25). What’s required to prove discrimination in the workplace? [Video].
Cielo24. https://c24.page/gufxvev9frkwe7sa7639fkzx4s
Transcripts and closed captioning for the above two videos are available once you access the links provided.
Read the following articles and webpages.
Morrish, J. (2005, August 5). Mission incomprehensible. Campaign, 32, 22–23.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=tsh&AN=17992344&site=ehost-live&scope=site
Register, T. M. (2017, March). The case for deferring to the EEOC's interpretations in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/ITBC?u=oran95108&sid=ITBC&xi
d=f91daf7c
U.S. Equal Employment Opportunity Commission. (1990, March 19). Policy guidance on current issues of
sexual harassment (EEOC Notice No. N-915-050).
https://www.eeoc.gov/policy/docs/currentissues.html
U.S. Equal Employment Opportunity Commission. (2019, April 10). EEOC releases fiscal year 2018
enforcement and litigation data [Press release]. https://www.eeoc.gov/eeoc/newsroom/release/4-10-
19.cfm
Read pp. 1–4 of the following article.
Wolf, P. (2018). Check-in: EEOC, DOL, and NLRB compliance. Labor Law Journal, 69(3), 145–159.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=bsu&AN=131415743&site=ehost-live&scope=site
UNIT I STUDY GUIDE
Equal Employment Opportunity
HRM 6301, Human Resource Management Methods 2
UNIT x STUDY GUIDE
Title
Unit Lesson
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Here, in Unit I, we start the discussion with equal employment opportunity (EEO) and the U.S. Equal
Employment Opportunity Commission (EEOC). Why is it important to understand EEO? Why is it important
that there is equal opportunity in your organization? The statistics should provide the answer. In 2018, the
EEOC resolved 90,558 charges of discrimination. The victims in the private sector, the state and local
government, and the federal workplace received $505 million in compensation (EEOC, n.d.-c). You are
encouraged to explore charge receipts by state. Visit the FY 2009 – 2021 EEOC Charge Receipts by State
(includes U.S. Territories) and Basis website. Once at the site, use the drop-down box to select the state of
your choice.
The New Director of HR Management
Any real-world business must be careful to avoid discriminatory practices. So, let’s establish that you have
been hired as the first director of HR in this organization. Even though it is everyone’s responsibility to
understand EEO, the applicable state and federal laws, and the different types of discrimination, you will be
the one to whom leadership and employees will look to for guidance as the new HR director. It is the
responsibility of employers to have policies that will prevent discrimination in the workplace. One of the first
things that leadership has asked you to share is information about the EEOC and to develop an
antidiscrimination policy.
EEOC
Before you can develop the antidiscrimination policy, you need to do some research about the EEOC.
According the EEOC (n.d.-b), the EEOC is a government agency that enforces federal laws and develops
policy to prevent discrimination. The president of the United States appoints the EEOC members, and the
committee is bi-partisan and comprised of five members. A general counsel is also appointed to provide
support to the members.
The EEOC is headquartered in Washington, D.C., and as you will find out in your research, EEOC field offices
are located throughout the states. The EEOC investigates charges of discrimination in organizations covered
by EEO laws. It is important to understand that EEO laws do not apply to all organizations. Employers must
have a certain number of employees to be covered by the laws enforced by the EEOC. Generally, an
employer must have at least 15 employees to be held accountable to EEOC laws. They must have at least 20
employees to be held to laws regarding age discrimination. The majority of all labor unions and employment
agencies are also bound by EEOC laws (EEOC, n.d.-a). Title VII also covers private and public colleges and
universities as well as employment agencies. You are encouraged to access the EEOC website in order to
explore state EEO laws that are applicable to your organization. Now, let’s focus on federal laws that prohibit
job discrimination.
Federal Laws Against Discrimination
There are laws that make it illegal for an employer to discriminate or harass employees, former employees,
job applicants, or applicants in a training or apprenticeship program. It is important to note that federal laws
not only prevent employer discrimination but also prevent employee-to-employee discrimination. The laws
prohibit discrimination or retaliation against employees who make a complaint against an employer, file a
HRM 6301, Human Resource Management Methods 3
UNIT x STUDY GUIDE
Title
charge with the EEOC, participate in an investigation, or are involved in a lawsuit. Retaliation occurs when
there is some type of punitive action taken by employers against individuals who exercise their legal rights. An
example would be demoting someone who participated in an investigation about a sexual harassment charge;
you cannot do this. The EEOC enforces several laws including Title VII of the Civil Rights Act of 1964 (EEOC,
n.d.-a).
Title VII of the Civil Rights Act: The
first important and pivotal law that
should be shared with leadership and
employees is Title VII of the Civil
Rights Act of 1964 (Title VII). In 1964,
Title VII was signed into law by then-
U.S. President Lyndon B. Johnson.
This law makes it illegal for employers
and organization personnel to
discriminate against someone based
on race, color, religion, national origin,
or sex (EEOC, n.d.-a). These areas
are commonly referred to as the
protected classes of Title VII.
Civil Rights Act of 1991: In 1991,
Title VII was amended with the most
complete civil rights legislation since 1964. Although it is considered an amendment and did not replace Title
VII, it did strengthen it considerably in the areas of rights of women and minorities. It also added new
legislation regarding compensatory and punitive damages. According to the EEOC (n.d.-a), the Civil Rights
Act of 1991 strengthened legal protections for employers and allowed for jury trials and for successful
plaintiffs to be compensated for damages in employment discrimination cases. There were also limits put on
the compensation awarded for compensatory and punitive damages. In addition, when individuals are
substantially underrepresented due to employment decisions, this creates an unfair playing field; therefore,
this amendment also addresses disparate impact.
Pregnancy Discrimination Act: This was another amendment to Title VII. You cannot ask a potential female
candidate if she is pregnant or plans to have children, as it is illegal to discriminate against a female based on
pregnancy, childbirth, or any related medical condition (EEOC, n.d.-a).
The Equal Pay Act of 1963 (EPA): It is illegal to pay different wages to men and women in the workplace if
they perform substantially equal jobs that require equal skill, effort, and responsibility and are performed
under similar working conditions. An employer cannot pay lower wages based on gender (EEOC, n.d.-a).
The Age Discrimination in Employment Act of 1967 (ADEA): Anyone 40 years and older is protected by
ADEA (EEOC, n.d.-a). If you do not hire someone simply because of his or her age and it is not a bona fide
occupational qualification (BFOQ), then this would be considered age discrimination. BFOQ is where there is
a legitimate reason why someone can be excluded for an otherwise legal reason. In the case of age, let’s
consider an airline that has a mandatory retirement age of 80 for its pilots. Not hiring an 85-year-old pilot
would be an example of a non-hiring decision based on BFOQ, which would not qualify as discrimination. It is
important to note the race is not an acceptable basis for a BFOQ.
Title I of the American with Disabilities of Act of 1990 (ADA): In the private sector as well as in state and
local governments, you cannot discriminate against a qualified person with a disability (EEOC, n.d.-a). The
scope of this law is broad as it covers both physical and mental disabilities. Unless the employer can
demonstrate that there is undue hardship, a reasonable accommodation must be made. A reasonable
accommodation is a modification to the work environment or the job that will allow a person with a disability to
perform the work required for the job.
Title II of the Genetic Information Nondiscrimination Act of 2008: It is illegal to discriminate against
employees or applicants because of genetic information. Requiring, obtaining, or interpreting genetic
information cannot be used to make employment decisions (EEOC, n.d.-a).
HRM 6301, Human Resource Management Methods 4
UNIT x STUDY GUIDE
Title
Landmark Cases
The EEOC receives a plethora of discrimination complaints yearly. In 2018, the complaints and percentages
of all charges filed were as shown below (EEOC, n.d.-c).
• Retaliation: 39,469 (51.6%)
• Sex: 24,655 (32.3%)
• Race: 24,600 (32.2%)
• Disability: 24,605 (32.2%)
• Age: 16,911 (22.1%)
• National Origin: 7,106 (9.3%)
• Color: 3,166 (4.1%)
• Religion: 2,859 (3.7%)
• Equal Pay Act: 1,066 (1.4%)
• Genetic Information: 220 (0.3%)
Due to the high propensity for complaints, HR management personnel need to be aware of and stay on top of
important landmark cases that are directly related to specific areas of HR. These cases set a precedent and
may have an impact on the application of certain laws. Two cases that relate to discrimination laws would be
Macy v Holder and Baldwin v Foxx (Register, 2017). Macy, a transgender woman, alleged that she was
discriminated against because of her gender identity. Foxx asserted that he was not selected for a position
because of his sexual orientation. In 2015, the U.S. Supreme Court found that under the 14th Amendment of
Title VII of the Civil Rights Act, states must recognize and grant marriage licenses to same-sex couples while
the EEOC interpreted the legislation to incorporate gender identify and sexual orientation.
Developing an Antidiscrimination Policy
With this understanding of federal laws against discrimination, you can now recognize the importance of
having an antidiscrimination policy. Even though this policy may not be required in your state or required by
some federal laws, you realize that, to protect your employees, this is something you need to develop as an
HR manager or director. It is important that the policy be consistently followed and enforced. It is also
suggested that any policy be reviewed by legal counsel to ensure all applicable laws are followed. An
antidiscrimination policy should be clear, concise, and inclusive.
Let’s look at an example. Columbia Southern University (CSU) has established an EEO statement. The policy
is shown below.
To provide equal employment and advancement opportunities to all individuals, employment
decisions at Columbia Southern University will be based on merit, qualifications, and abilities. Except
where required or permitted by law, employment practices will not be influenced or affected by an
applicant's or employee's race, color, religion, sex, national origin, age, disability, or any other
characteristic protected by law.
Columbia Southern University will make reasonable accommodations for qualified individuals with
known disabilities unless doing so would result in an undue hardship. This policy governs all aspects
of employment, including selection, job assignment, compensation, discipline, termination, and
access to benefits and training.
Columbia Southern University does not discriminate on the basis of race, color, national origin, sex,
age, religion, disability, or any other protected characteristic in admission or access to, or treatment or
employment in, its programs and activities. Any person having questions concerning CSU's
compliance with the regulations implementing Title IX, Section 504, is directed to contact the Title IX
Administrator.
Any employee with questions or concerns about any class of discrimination in the workplace is
encouraged to bring these issues to the attention of their immediate supervisor or the Human
Resources Department. Employees may raise concerns and make reports without fear of reprisal.
HRM 6301, Human Resource Management Methods 5
UNIT x STUDY GUIDE
Title
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary
action, up to and including termination of employment. (CSU, 2020, p. 8)
The importance of having such a policy cannot be understated. In this unit, the focus was on EEO and federal
laws that were enacted to protect against discrimination. In Unit II, we will expand on EEO and its impact on
recruiting and hiring practices. To expand on this unit’s concepts and to prepare for the next unit, you are
encouraged to explore the suggested unit resources listed in this unit.
References
Columbia Southern University. (2020). Columbia Southern University employee handbook.
Register, T. M. (2017, March). The case for deferring to the EEOC’s interpretation in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/AONE?u=oran95108&sid=
AONE&xid=72e6ed62
U.S. Equal Employment Opportunity Commission. (n.d.-a). Laws enforced by EEOC.
https://www.eeoc.gov/laws/statutes/index.cfm
U.S. Equal Employment Opportunity Commission. (n.d.-b). Overview. https://www.eeoc.gov/overview
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Suggested Unit Resources
In order to access the following resources, click the links below.
The following web pages contain further information related to this unit’s topic of Equal Employment
Opportunity. You are encouraged to visit each site to review not only the page referenced, but the wealth of
other information on the sites. Consider bookmarking some sites for your future reference.
U.S. Equal Employment Opportunity Commission. (n.d.). Statistics. https://www.eeoc.gov/statistics
U.S. Employment Opportunity Commission. (n.d.). General non-discrimination policy tips.
https://www.eeoc.gov/employers/smallbusiness/checklists/general_non-discrimination_policy.cfm
U.S. Equal Employment Opportunity Commission. (n.d.). Prohibited employment policies/practices.
https://www.eeoc.gov/laws/practices/index.cfm
**## HumanManagementResourceMethodsHRM6301UnitIDB.docx**
2
Human Resources Management Methods HRM 6301
Equal employment opportunity and subsequent discrimination are major factors in today’s workplace. For a quick review, you can access the U.S. Equal Employment Opportunity Commission's
[Employees & Job Applicants](https://www.eeoc.gov/employees-job-applicants) webpage to review discrimination by type.
Considering the many types of employment discrimination, share which discrimination law you believe is the most important. Explain your rationale.
Initial post to be a minimum of 500 words and at least one supporting reference.
**## UnitIStudyGuide.pdf**
HRM 6301, Human Resource Management Methods 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
2. Discuss the impact of employment law on an organization’s policy on equal employment opportunity.
2.1 Explain the importance of equal employment opportunity.
2.2 Evaluate federal and state discrimination laws.
2.3 Develop a nondiscriminatory policy.
Required Unit Resources
In order to access the following resources, click the links below.
The videos, articles and webpages below offer valuable information on this unit’s topics of equal employment
opportunity and federal and state discrimination laws.
Moore & Associates. (2018, January 23). The majority of discrimination cases [Video]. Cielo24.
https://c24.page/4svajfncqqwgcmfnkxj8abndnz
Piccolo Law Offices. (2017, August 25). What’s required to prove discrimination in the workplace? [Video].
Cielo24. https://c24.page/gufxvev9frkwe7sa7639fkzx4s
Transcripts and closed captioning for the above two videos are available once you access the links provided.
Read the following articles and webpages.
Morrish, J. (2005, August 5). Mission incomprehensible. Campaign, 32, 22–23.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=tsh&AN=17992344&site=ehost-live&scope=site
Register, T. M. (2017, March). The case for deferring to the EEOC's interpretations in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/ITBC?u=oran95108&sid=ITBC&xi
d=f91daf7c
U.S. Equal Employment Opportunity Commission. (1990, March 19). Policy guidance on current issues of
sexual harassment (EEOC Notice No. N-915-050).
https://www.eeoc.gov/policy/docs/currentissues.html
U.S. Equal Employment Opportunity Commission. (2019, April 10). EEOC releases fiscal year 2018
enforcement and litigation data [Press release]. https://www.eeoc.gov/eeoc/newsroom/release/4-10-
19.cfm
Read pp. 1–4 of the following article.
Wolf, P. (2018). Check-in: EEOC, DOL, and NLRB compliance. Labor Law Journal, 69(3), 145–159.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=bsu&AN=131415743&site=ehost-live&scope=site
UNIT I STUDY GUIDE
Equal Employment Opportunity
HRM 6301, Human Resource Management Methods 2
UNIT x STUDY GUIDE
Title
Unit Lesson
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Here, in Unit I, we start the discussion with equal employment opportunity (EEO) and the U.S. Equal
Employment Opportunity Commission (EEOC). Why is it important to understand EEO? Why is it important
that there is equal opportunity in your organization? The statistics should provide the answer. In 2018, the
EEOC resolved 90,558 charges of discrimination. The victims in the private sector, the state and local
government, and the federal workplace received $505 million in compensation (EEOC, n.d.-c). You are
encouraged to explore charge receipts by state. Visit the FY 2009 – 2021 EEOC Charge Receipts by State
(includes U.S. Territories) and Basis website. Once at the site, use the drop-down box to select the state of
your choice.
The New Director of HR Management
Any real-world business must be careful to avoid discriminatory practices. So, let’s establish that you have
been hired as the first director of HR in this organization. Even though it is everyone’s responsibility to
understand EEO, the applicable state and federal laws, and the different types of discrimination, you will be
the one to whom leadership and employees will look to for guidance as the new HR director. It is the
responsibility of employers to have policies that will prevent discrimination in the workplace. One of the first
things that leadership has asked you to share is information about the EEOC and to develop an
antidiscrimination policy.
EEOC
Before you can develop the antidiscrimination policy, you need to do some research about the EEOC.
According the EEOC (n.d.-b), the EEOC is a government agency that enforces federal laws and develops
policy to prevent discrimination. The president of the United States appoints the EEOC members, and the
committee is bi-partisan and comprised of five members. A general counsel is also appointed to provide
support to the members.
The EEOC is headquartered in Washington, D.C., and as you will find out in your research, EEOC field offices
are located throughout the states. The EEOC investigates charges of discrimination in organizations covered
by EEO laws. It is important to understand that EEO laws do not apply to all organizations. Employers must
have a certain number of employees to be covered by the laws enforced by the EEOC. Generally, an
employer must have at least 15 employees to be held accountable to EEOC laws. They must have at least 20
employees to be held to laws regarding age discrimination. The majority of all labor unions and employment
agencies are also bound by EEOC laws (EEOC, n.d.-a). Title VII also covers private and public colleges and
universities as well as employment agencies. You are encouraged to access the EEOC website in order to
explore state EEO laws that are applicable to your organization. Now, let’s focus on federal laws that prohibit
job discrimination.
Federal Laws Against Discrimination
There are laws that make it illegal for an employer to discriminate or harass employees, former employees,
job applicants, or applicants in a training or apprenticeship program. It is important to note that federal laws
not only prevent employer discrimination but also prevent employee-to-employee discrimination. The laws
prohibit discrimination or retaliation against employees who make a complaint against an employer, file a
HRM 6301, Human Resource Management Methods 3
UNIT x STUDY GUIDE
Title
charge with the EEOC, participate in an investigation, or are involved in a lawsuit. Retaliation occurs when
there is some type of punitive action taken by employers against individuals who exercise their legal rights. An
example would be demoting someone who participated in an investigation about a sexual harassment charge;
you cannot do this. The EEOC enforces several laws including Title VII of the Civil Rights Act of 1964 (EEOC,
n.d.-a).
Title VII of the Civil Rights Act: The
first important and pivotal law that
should be shared with leadership and
employees is Title VII of the Civil
Rights Act of 1964 (Title VII). In 1964,
Title VII was signed into law by then-
U.S. President Lyndon B. Johnson.
This law makes it illegal for employers
and organization personnel to
discriminate against someone based
on race, color, religion, national origin,
or sex (EEOC, n.d.-a). These areas
are commonly referred to as the
protected classes of Title VII.
Civil Rights Act of 1991: In 1991,
Title VII was amended with the most
complete civil rights legislation since 1964. Although it is considered an amendment and did not replace Title
VII, it did strengthen it considerably in the areas of rights of women and minorities. It also added new
legislation regarding compensatory and punitive damages. According to the EEOC (n.d.-a), the Civil Rights
Act of 1991 strengthened legal protections for employers and allowed for jury trials and for successful
plaintiffs to be compensated for damages in employment discrimination cases. There were also limits put on
the compensation awarded for compensatory and punitive damages. In addition, when individuals are
substantially underrepresented due to employment decisions, this creates an unfair playing field; therefore,
this amendment also addresses disparate impact.
Pregnancy Discrimination Act: This was another amendment to Title VII. You cannot ask a potential female
candidate if she is pregnant or plans to have children, as it is illegal to discriminate against a female based on
pregnancy, childbirth, or any related medical condition (EEOC, n.d.-a).
The Equal Pay Act of 1963 (EPA): It is illegal to pay different wages to men and women in the workplace if
they perform substantially equal jobs that require equal skill, effort, and responsibility and are performed
under similar working conditions. An employer cannot pay lower wages based on gender (EEOC, n.d.-a).
The Age Discrimination in Employment Act of 1967 (ADEA): Anyone 40 years and older is protected by
ADEA (EEOC, n.d.-a). If you do not hire someone simply because of his or her age and it is not a bona fide
occupational qualification (BFOQ), then this would be considered age discrimination. BFOQ is where there is
a legitimate reason why someone can be excluded for an otherwise legal reason. In the case of age, let’s
consider an airline that has a mandatory retirement age of 80 for its pilots. Not hiring an 85-year-old pilot
would be an example of a non-hiring decision based on BFOQ, which would not qualify as discrimination. It is
important to note the race is not an acceptable basis for a BFOQ.
Title I of the American with Disabilities of Act of 1990 (ADA): In the private sector as well as in state and
local governments, you cannot discriminate against a qualified person with a disability (EEOC, n.d.-a). The
scope of this law is broad as it covers both physical and mental disabilities. Unless the employer can
demonstrate that there is undue hardship, a reasonable accommodation must be made. A reasonable
accommodation is a modification to the work environment or the job that will allow a person with a disability to
perform the work required for the job.
Title II of the Genetic Information Nondiscrimination Act of 2008: It is illegal to discriminate against
employees or applicants because of genetic information. Requiring, obtaining, or interpreting genetic
information cannot be used to make employment decisions (EEOC, n.d.-a).
HRM 6301, Human Resource Management Methods 4
UNIT x STUDY GUIDE
Title
Landmark Cases
The EEOC receives a plethora of discrimination complaints yearly. In 2018, the complaints and percentages
of all charges filed were as shown below (EEOC, n.d.-c).
• Retaliation: 39,469 (51.6%)
• Sex: 24,655 (32.3%)
• Race: 24,600 (32.2%)
• Disability: 24,605 (32.2%)
• Age: 16,911 (22.1%)
• National Origin: 7,106 (9.3%)
• Color: 3,166 (4.1%)
• Religion: 2,859 (3.7%)
• Equal Pay Act: 1,066 (1.4%)
• Genetic Information: 220 (0.3%)
Due to the high propensity for complaints, HR management personnel need to be aware of and stay on top of
important landmark cases that are directly related to specific areas of HR. These cases set a precedent and
may have an impact on the application of certain laws. Two cases that relate to discrimination laws would be
Macy v Holder and Baldwin v Foxx (Register, 2017). Macy, a transgender woman, alleged that she was
discriminated against because of her gender identity. Foxx asserted that he was not selected for a position
because of his sexual orientation. In 2015, the U.S. Supreme Court found that under the 14th Amendment of
Title VII of the Civil Rights Act, states must recognize and grant marriage licenses to same-sex couples while
the EEOC interpreted the legislation to incorporate gender identify and sexual orientation.
Developing an Antidiscrimination Policy
With this understanding of federal laws against discrimination, you can now recognize the importance of
having an antidiscrimination policy. Even though this policy may not be required in your state or required by
some federal laws, you realize that, to protect your employees, this is something you need to develop as an
HR manager or director. It is important that the policy be consistently followed and enforced. It is also
suggested that any policy be reviewed by legal counsel to ensure all applicable laws are followed. An
antidiscrimination policy should be clear, concise, and inclusive.
Let’s look at an example. Columbia Southern University (CSU) has established an EEO statement. The policy
is shown below.
To provide equal employment and advancement opportunities to all individuals, employment
decisions at Columbia Southern University will be based on merit, qualifications, and abilities. Except
where required or permitted by law, employment practices will not be influenced or affected by an
applicant's or employee's race, color, religion, sex, national origin, age, disability, or any other
characteristic protected by law.
Columbia Southern University will make reasonable accommodations for qualified individuals with
known disabilities unless doing so would result in an undue hardship. This policy governs all aspects
of employment, including selection, job assignment, compensation, discipline, termination, and
access to benefits and training.
Columbia Southern University does not discriminate on the basis of race, color, national origin, sex,
age, religion, disability, or any other protected characteristic in admission or access to, or treatment or
employment in, its programs and activities. Any person having questions concerning CSU's
compliance with the regulations implementing Title IX, Section 504, is directed to contact the Title IX
Administrator.
Any employee with questions or concerns about any class of discrimination in the workplace is
encouraged to bring these issues to the attention of their immediate supervisor or the Human
Resources Department. Employees may raise concerns and make reports without fear of reprisal.
HRM 6301, Human Resource Management Methods 5
UNIT x STUDY GUIDE
Title
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary
action, up to and including termination of employment. (CSU, 2020, p. 8)
The importance of having such a policy cannot be understated. In this unit, the focus was on EEO and federal
laws that were enacted to protect against discrimination. In Unit II, we will expand on EEO and its impact on
recruiting and hiring practices. To expand on this unit’s concepts and to prepare for the next unit, you are
encouraged to explore the suggested unit resources listed in this unit.
References
Columbia Southern University. (2020). Columbia Southern University employee handbook.
Register, T. M. (2017, March). The case for deferring to the EEOC’s interpretation in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397–
1425. https://link-gale-
com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/AONE?u=oran95108&sid=
AONE&xid=72e6ed62
U.S. Equal Employment Opportunity Commission. (n.d.-a). Laws enforced by EEOC.
https://www.eeoc.gov/laws/statutes/index.cfm
U.S. Equal Employment Opportunity Commission. (n.d.-b). Overview. https://www.eeoc.gov/overview
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Suggested Unit Resources
In order to access the following resources, click the links below.
The following web pages contain further information related to this unit’s topic of Equal Employment
Opportunity. You are encouraged to visit each site to review not only the page referenced, but the wealth of
other information on the sites. Consider bookmarking some sites for your future reference.
U.S. Equal Employment Opportunity Commission. (n.d.). Statistics. https://www.eeoc.gov/statistics
U.S. Employment Opportunity Commission. (n.d.). General non-discrimination policy tips.
https://www.eeoc.gov/employers/smallbusiness/checklists/general_non-discrimination_policy.cfm
U.S. Equal Employment Opportunity Commission. (n.d.). Prohibited employment policies/practices.
https://www.eeoc.gov/laws/practices/index.cfm
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