HB 307 1st Edition Lecture 3 Historical Perspective of EEO legislature Equal Employment Opportunity EEO The treatment of individuals in all aspects of employment hiring promotion training etc in a fair and nonbiased manner Changing National Values Economic Disparity Early Legal Developments Civil Rights Act 1866 Unemployment Relief Act 1933 Executive Order 8802 1941 Examples of Age Discrimination Excluding older workers from important work activities Making negative changes in the performance evaluations of older employees Denying older employees job related education career development or promotional opportunities Selecting younger job applicants over older better qualified candidates Pressuring older employees into taking early retirement Reducing the job duties and responsibilities of older employees Terminating older employees through downsizing Government Regulation of Equal Opportunity Protected Classes Individuals of a minority race women older people and those with disabilities who are covered by federal laws on equal employment opportunity More specifically the classes include race color religion national origin sex age and those with physical or mental disabilities Civil Rights Act of 1964 These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute All private employers in interstate commerce who employ fifteen or more employees for twenty or more weeks per year State and local governments Private and public employment agencies including the U S Employment Service Joint labor management committees that govern apprenticeship or training programs Labor unions having fifteen or more members or employees Public and private educational institutions Foreign subsidiaries of U S organizations employing U S citizens Exemptions from Anti discrimination Regulations Bona Fide Occupational Qualification BFOQ Suitable defense against a discrimination charge only where age religion sex or national origin is an actual qualification for performing the job Business Necessity Work related practice that is necessary to the safe and efficient operation of an organization Religious Preference Title VII of the Civil Rights Act Prohibits discrimination based on religion in employment decisions though it permits employer exemptions Defines religion to include all aspects of religious observance and practice as well as belief Does not require employers to grant complete religious freedom in employment situations Requires that employers make a reasonable accommodation at minimum cost without incurring undue hardship in the conduct of the business Managers or supervisors may have to accommodate an employee s religion in the specific areas of o holidays and observances scheduling o personal appearance wearing beards veils or turbans and o religious conduct on the job missionary work among other employees Definition of Disability The Americans With Disabilities Act ADA defines a disability as A physical or mental impairment that substantially limits one or more of the major life activities A record of such impairment Being regarded as having such an impairment Americans With Disabilities Act of 1990 The act requires employers to make a reasonable accommodation for disabled people Reasonable accommodation is an attempt by employers to adjust without undue hardship the working conditions or schedules of employees with disabilities or religious preferences ADAAA 2008 The ADAAA continues to use the same definition of disability as used in the ADA but Requires that the definition of disability be construed in favor of broad coverage of individuals Congress expressly rejected the Supreme Court s decision in Toyota Motor Manufacturing Kentucky Inc Impairment an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active an impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability major life activity Includes but is not limited to Further defines a major life activity to include caring for oneself performing manual tasks seeing hearing eating sleeping walking standing lifting bending speaking breathing learning reading concentrating thinking communicating and working major bodily functions which include but are not limited to functions of the immune system normal cell growth digestive bowel bladder neurological brain respiratory circulatory endocrine and reproductive functions The ADA does not cover Homosexuality or bisexuality Gender identity disorders not resulting from physical impairment or other sexual behavior disorders Compulsive gambling kleptomania or pyromania Psychoactive substance use disorders resulting from current illegal use of drugs Current illegal use of drugs Infectious or communicable diseases of public health significance applied to food handling jobs only and excluding AIDS Don t Ask Don t Tell Repeal Act of 2010 In 2010 the Don t Ask Don t Tell Repeal Act was enacted to end the ban on gay or bisexual persons openly serving in the U S military The ban was established as a compromise between the Clinton Administration and Congress in the mid 1990s to prevent members of the military from being dishonorably discharged for being gay so long as they did not openly reveal their sexual orientation