HB 307 1st Edition Lecture 3Historical 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 1964These 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 fortwenty 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. citizensExemptions 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), ando 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 unduehardship, the working conditions or schedules of employees with disabilities or religious preferencesADAAA – 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,– "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning,reading, concentrating, thinking, communicating and working."  Further defines a "major life activity" to include – "major bodily functions," which include, but are not limited to, "functionsof 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