Civil Rights Act of 1991
The Civil Rights Act of 1991 requires employers to show that an employment practice is job related for the position and is consistent with business necessity. The act clarifies that the plaintiffs bringing the discrinunation charges must identify the particular employer practice being challenged and must show only that protected-classstatus played some role in their treatment. For employers, this requirement means that an individual's race, color, religion, sex, or national origin must play no role in their employment practices. This act allows people who have been targets of intentional discrimination based on sex, religion, or disability to receive both compensatory and punitive damages. One key provision of the 1991 act relates to how U.S. laws on EEO are applied globally.
Managing Racial and National Origin Issues
The original purpose of the Civil Rights Act of 1964 was to address race and national origin discrimination. This concern continues to be important today, and employers must be aware of potential HR issues that are based on race, national origin, and citizenship in order to take appropriate actions.
Employment discrimination can occur in numerous ways, from refusal to hire someone because of the person's race/ethnicity to the questions asked in a selection interview. For example, a trucking company settled a discrimination lawsuit by African American employees who were denied job assignments and promotions because of racial bias. In addition to paying a fine, the firm must report to the EEOC on promotions from part-time to full-time for dock worker jobs.
Sometimes racial discriminations can be more subtle. For example, some firms have tapped professional and social networking sites to fill open positions. However, networking sites exclude many people. According to one study, only 5% of Linked in users are black and 2% are Hispanic. This lack of access to these sites can easily be viewed as racial discrimination.
Under federal law, discriminating against people because of skin color is just as illegal as discriminating because of race. For example, one might be guilty of color discrimination but not racial discrimination if one hired light-skinned African Americans over dark-skinned people.
Racial/Ethnic Harassment
The area of racial/ethnic harassment is such a concern that the EEOC has issued guidelines on it. It is recommended that employers adopt policies against harassment of any type, including ethnic jokes, vulgar epithets, racial slurs, and physical actions. The consequences of not enforcing these policies are seen in a case involving a small business employer that subjected Latinos to physical and verbal abuse. Hispanic males at the firm were subjected to derogatory jokes, verbal abuse, physical harm, and other humiliating experiences. Settling the case was expensive for the employer.
Contrast that case with another that shows the advantage of taking quick remedial action. An employee filed a lawsuit against an airline because coworkers told racist jokes and hung nooses in his workplace. The airline was able to show that each time any employee, including the plaintiff, reported problems, management conducted an investigation and took action against the offending employees. The court ruled for the employer in this case because the situation was managed properly.
Affirmative Action
Through affirmative action, employers are urged to hire groups of people based on their race, age, gender, or national origin to make up for historical discrimination. It is a requirement for federal govemment contractors to document the inclusion of women and racial minorities in the workforce. As part of those govemment regulations, covered employers must submit plans describing their attempts to narrow the gaps between the composition of their work-forces and the composition of labor markets where they obtain employees. However, affirmative action has been the subject of numerous court cases and an ongoing political and social debate both in the United States and globally.
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