It is essential for all human resources (HR) managers and employers to become familiar with the policies and rules of the Equal Employment Opportunity Commission (EEOC). The purpose of the EEOC is to prevent and investigate workplace discrimination. This includes discrimination based upon race, religion, creed, national origin, ethnicity, sex, age, gender identity and disability. The EEOC enforces Title VII of the Civil Rights Act of 1964.
The EEOC prevents workplace discrimination through its influence on employers in the United States. The EEOC strongly influences how an employer will conduct its business. This includes the application process, hiring, making accommodations for employees, ensuring proper documentation of employee requests and complaints, reprimanding employees and terminating them. Due to the EEOC regulations, employers may not ask certain questions on an application or during the hiring process. These questions include anything pertaining to the age of the prospective employee. This would include asking a prospective employee what year he or she graduated from high school. The employer may be able to determine the applicant’s age through this information. It is questionable regarding whether or not an employer should ask what year a person graduated from college. While this may also be used to illicit the age of the applicant, it is not guaranteed. Obviously, many individuals begin their college careers at various points during their life. However, it is wise to avoid these questions.
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Employers also may not ask prospective employees about any disability. Physical fitness tests are also not allowed. It is permissible for an employee to ask if the applicant can perform the necessary job requirements with reasonable accommodation. Employers are also not allowed to question how many days the applicant missed from work in the previous year due to illness. This could be used to illicit whether or not the applicant suffers from any physical or mental disability. Certain professions, such as firefighter or law enforcement officer, are allowed to request a physical examination and fitness test from the prospective applicant.
If any manager requires additional information concerning the adherence to all EEOC policies and rules, it is crucial to contact HR. HR can assist all managers in ensuring that all EEOC policies and rules are followed strictly. Management also should be aware of two recent rulings by the EEOC. In 2012, the EEOC determined that discrimination or stereotyping of any individual based upon sexual identity violates Title VII of the Civil Rights Act of 1964. Individuals who are gay, lesbian, bisexual or transgender cannot be discriminated against based upon their sexual identity or orientation. No employee or applicant may be questioned regarding his or her sexual identity or orientation (Schwartz, 2012).
Another recent important change within the EEOC reflects upon the American with Disability Act (ADA). The ADA was enacted by the United States Congress in 1990. It allows individuals with disabilities to request reasonable accommodations from an employer. In 2008, President George W. Bush signed the American with Disabilities Act Amendments Act (ADAAA) into law. The ADAAA made changes to the Act based upon the interpretation of the ADA in several court cases. In the Amendments Act, the overall focus recognized that the law needed to be interpreted broadly and be inclusive. Previous court rulings had imposed excessive standards upon the claimants. The change now reflected that all potential disabilities should be viewed by a rather broad definition. This obviously creates additional requirements for employers. If there is any question or concern regarding the employee’s or applicant’s disability claim, the manager should seek the advice and guidance of HR. HR can provide clarification for the manager regarding how the current law interprets disabilities. It is crucial for management to recognize that any questions or concerns regarding employee issues with relation to the EEOC should be directed to HR for clarification.
- Schwartz, S. (2012, September). EEOC recognizes gender identity discrimination claims under Title VII. Retrieved August 25, 2013, from: http://shpclaw.com
