EEOC Study

About this AssignmentIn this course you learned that employment law is applicable even when there is no intent to
harm or discriminate. For this assignment, you will be composing a 1200-1500 word paper
based on the real-world example below that describes a workplace fact pattern and claim of
alleged discrimination and how such a complaint would be filed with the EEOC. The paper will
also articulate the value of diversity in the workplace.
Workplace Scenario:
You are wanting to apply for a position at a medium-sized Midwest manufacturer (600 workers,
$130 million sales). One thing you have noticed every day is a sign taped to the entry door to
the front office: ‘We are not accepting employment application today.’ After doing some
preliminary investigation, you find that the company has NEVER accepted applications from the
general public. Any openings are posted each Friday on the bulletin boards in each department.
With this, openings have always been filled with applicants referred by current employees.
Wages are above market, labor problems are few, worker morale is good, and the company is
financially strong. However, you have also found evidence that the company is essentially
homogenous in terms of ethnicity and religious affiliation in its workforce, as well as rigid in
assignments by gender (women work in the office, while only men are hired for the workshop
floor).
Please be sure to include each of the following in your paper:
•
•
•
•
An explanation of the steps the individual would take to file a complaint with the EEOC.
Include a description of the EEOC’s process and how the individual’s claim might
ultimately move through the United States court system. Analyze the strengths and
weaknesses of the individual’s claim under U.S. anti-discrimination laws.
A discussion of the steps an organization should take in order to minimize the likelihood
of discrimination in the workplace.
Identify two current issues or events (in the news within the past two years) raising
potential claims of discrimination in the workplace. These issues or events should either
be similar or relevant to the issues raised by the hypothetical scenario. You should
articulate why these events raise potential discrimination claims and explore how the
EEOC and the U.S. court system might respond (or did respond) to these issues or
events.
A clear and well-articulated description of the value of diversity in the workplace.
Using Sources
You may refer to the course material for supporting evidence, but you must also use at least
two credible, outside sources and cite them using APA format. Please include at least one
source from a scholarly peer-reviewed journal. Any laws and legal cases that are cited in the
body of your paper must also be included in the References page.
•
•
Primary sources are first-hand accounts such as interviews, advertisements, speeches,
company documents, statements, and press releases published by the company in
question.
Secondary sources come from peer-reviewed scholarly journals, such as the American
Business Law Journal. You may use resources like JSTOR, Google Scholar, Cornell
University Law School’s Legal Information Institute and/or FindLaw to find articles from
these journals and related case law. Secondary sources may also come from reputable
websites with .gov, .edu, or .org in the domain. (Wikipedia is not a reputable source,
though the sources listed in Wikipedia articles may be acceptable.)
Grading Rubric
Your paper will be graded based on the following rubric:
Category
Unacceptabl
e (0-1)
Needs
Improvemen
t (2-3)
Good (4)
Excellent (5)
Total
Possible
Points
EEOC Process
The paper
fails to
explain the
steps an
individual
would take in
order to file a
complaint
with the
EEOC. The
paper fails to
explain the
EEOC’s
process and
the potential
for a claim to
move through
The paper
attempts to
explain the
steps an
individual
would take in
order to file a
complaint
with the
EEOC. The
paper
attempts to
explain the
EEOC’s
process and
the potential
for a claim to
The paper
explains the
steps an
individual
would take in
order to file a
complaint
with the
EEOC. The
paper
includes an
explanation of
the EEOC’s
process and
the potential
for a claim to
move through
The paper
thoroughly
explains the
steps an
individual
would take in
order to file a
complaint
with the
5
EEOC. The
paper
includes a
clear and
detailed
explanation of
the EEOC’s
process and
the U.S. court
system.
move through the U.S. court
the U.S. court system.
system. Few
or weak
details are
given to
support the
shared
analysis.
The paper
attempts to
analyze the
strengths and
weaknesses
The paper
of the claim
fails to
under U.S.
analyze the
antistrengths and
discrimination
weaknesses
Claim Analysis
laws. Analysis
of the claim
lacks clarity or
under U.S.
is not wellantideveloped.
discrimination
Few or weak
laws.
details are
given to
support the
shared
analysis.
The paper
fails to
discuss the
Organizationa steps an
l Steps to
organization
Minimize
should take in
Likelihood of order to
Discriminatio minimize the
n Claims (x2) likelihood of
discrimination
in the
workplace.
The paper
discusses the
steps an
organization
should take in
order to
minimize the
likelihood of
discrimination
in the
workplace but
analysis is
inaccurate
and/or
The paper
analyzes the
strengths and
weaknesses
of the claim
under U.S.
antidiscrimination
laws.
the potential
for a claim to
move through
the U.S. court
system.
The paper
thoroughly
analyzes the
strengths and
weaknesses
5
of the claim
under U.S.
antidiscrimination
laws.
The paper
thoroughly
The paper
discusses the
discusses the
steps an
steps an
organization
organization
should take in
should take in
order to
order to
10
minimize the
minimize the
likelihood of
likelihood of
discrimination
discrimination
in the
in the
workplace.
workplace.
Analysis
includes rich
missing
details.
Two Current
Issues
detail and
support.
The paper
identifies one
or two current
The paper
issues raising
fails to
potential
identify issues
claims of
raising
discrimination
potential
in the
claims of
workplace,
discrimination
but discussion
in the
is inaccurate
workplace.
and/or
missing
details.
The paper
accurately
identifies two
The paper
current issues
identifies two
raising
current issues
potential
raising
claims of
potential
5
discrimination
claims of
in the
discrimination
workplace.
in the
Analysis
workplace.
includes rich
detail and
support.
The paper
attempts to
articulate the
value of
diversity in
the
workplace,
but coverage
is inaccurate
and/or
missing
details.
The paper
clearly
The paper
articulates the
articulates the
value of
value of
diversity in
5
diversity in
the workplace
the
using rich
workplace.
detail and
support.
Value of
Diversity
The paper
fails to
articulate the
value of
diversity in
the
workplace.
Mechanics
(Articulation
and Format)
No or very
few instances
Incorrect
Several
of incorrect
spelling,
Few instances
instances of
spelling,
punctuation,
of incorrect
incorrect
punctuation,
capitalization,
spelling,
spelling,
capitalization,
use of
punctuation,
punctuation,
usage of
standard
capitalization,
capitalization,
standard
English
usage of
usage of
English
grammar
standard
standard
grammar. All
and/or format
English
English
citations and
hinders
grammar
grammar
references
understandin
and/or format
and/or format
are in proper
g.
format.
Submission is
5
well
organized and
presented in a
professional
manner.
Related Lessons
Definition & Concept
The Equal Employment Opportunity Commission (EEOC) is a federal government agency
that enforces federal employment discrimination laws and regulates certain employment
activities. These laws cover discrimination based upon race, national origin, color, religion, sex,
disability or genetic information. Examples of work situations subject to enforcement include
hiring, firing, training, promotion, wages, benefits, and harassment. Businesses should be
aware of the EEOC to ensure compliance with the law, and employees should be aware of the
organization to know their rights.
Authority & Roles
The EEOC is authorized to investigate complaints of employment discrimination filed by
employees against employers. Employers who have at least 15 employees are usually subject to
the employment discrimination laws the EEOC enforces, with the exception of age
discrimination, which requires 20 employees.
When an employee files a complaint of discrimination, the EEOC will give the employer an
opportunity to respond. The EEOC will then investigate the claim. If it determines that there has
been a violation of employment discrimination law, the EEOC will try to resolve the claim
between the employer and employee. If the claim cannot be resolved, the EEOC has the
authority to file a lawsuit against the employer in federal court. An employee also has a right to
pursue relief in court if it does not agree with the EEOC’s findings.
The EEOC also attempts to prevent discrimination before it happens. It has outreach programs
and provides information, guidance, and technical assistance to employers. In addition, the
EEOC provides education to employers and employees.
————————————————————————————-
What is workplace discrimination? Explore the history of employment discrimination and learn
about job discrimination laws that protect U.S. employees.
Mistreated at Work
Gloria Parks was 54 when she was fired from her job of 30 years. Parks worked as a medical
assistant at a Cleveland, Ohio, hospital. She was terminated after a patient identification
mishap involving Parks and a younger co-worker.
Two patients with identical names checked in to get blood drawn on the same morning. The
hospital accused Parks of failing to follow the proper patient identification policy, but coworkers testified that the policy wasn’t enforced in the department. The co-workers said it was
a younger co-worker who checked the patient in that day, pulled the wrong medical chart, and
then passed the chart off to Parks.
The identification mistake was corrected before the patient left Parks’ department and the
blood work for each patient was properly processed. Neither patient was harmed. After the
mishap, the department changed its procedures to require proof of identification at check in.
However, Parks’ supervisor had already fired her. Since his assignment to the department, this
supervisor treated Parks differently than her younger co-workers and seized this opportunity to
fire her, though the younger co-worker was allowed to keep her job and wasn’t disciplined. And
though the patient complained, it was against a third employee who had upset the patient. This
employee was the department nurse, who was also younger than Parks. She kept her job and
also wasn’t disciplined.
Employment Discrimination
After hearing evidence on this incident and an overall pattern of mistreatment, the jury found
Parks’ case was employment discrimination based on age. The jury awarded Parks $900,000
in damages. Employment discrimination laws seek to prevent the mistreatment of job
applicants and employees based on race, color, sex, religion, national origin, physical disability,
age, and other unlawful classifications.
In general, employment discrimination laws cover unfair practices in several different areas of
employment, including:
• Hiring
• Promoting
• Assigning tasks
• Training
• Compensating, and
• Firing
There are many different ways employment discrimination can occur, and in many different
areas of employment. Discrimination obviously includes outright mistreatment of an employee,
but it can include treating other employees or job applicants better than a particular employee,
too. It can also occur when the employment practices merely perpetuate previous or ongoing
discrimination.
There are many different employment discrimination laws designed to address the various
practices. For example, Parks’ case was filed in state court. Ohio, like most other states, has
statutes that prohibit employment discrimination. Parks’ case specifically alleged that the
hospital violated the state law prohibiting her termination based on age.
However, many employment discrimination cases are federal cases. This means the cases are
filed in federal courts using federal laws. The most used federal law prohibiting employment
discrimination is Title VII of the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964
Let’s take a look at Title VII of the Civil Rights Act of 1964. This is a federal law that prohibits
employment discrimination based on race, color, religion, sex, or national origin. In 2020 the Act
was also judged by the Supreme Court to include sexual orientation and transgender status,
providing these additional categories protected status under the Act.
Title VII is limited to these categories of employment discrimination, though other types of
discrimination are also covered under federal law. For example, age discrimination is covered
under the ‘Age Discrimination in Employment Act, and discrimination based on physical
disability is covered under the Americans with Disabilities Act.
Though there are many laws regarding employment discrimination, Title VII is widely
considered to be the most important law on employment discrimination. This is because it put
a formal and detailed complaints process into place and set harsh legal penalties for
employment discrimination.
Both the complaints process and the penalty process are governed by the U.S. Equal
Employment Opportunity Commission. The EEOC is a federal administrative agency that
investigates, reconciles, and litigates complaints filed by existing and prospective employees
against employers. As with other administrative agency proceedings, parties can appeal EEOC
decisions by taking the case into the federal court system.
Title VII applies to all employment agencies, including unions, and any business or labor
organization that affects interstate commerce and has at least 15 workers or members.
Remember that ‘affecting interstate commerce’ simply means that the business is involved in
commercial trade that eventually results in the transportation of goods or money between
states.
If the EEOC finds that an employer has violated Title VII, it can order penalties such as:
• Back pay for the employee
• Payment of the employee’s attorney’s fees
• Reinstating the employee
• Retroactive granting of seniority for the employee, and
• Retroactive pension benefits to the employee
Penalties can include compensatory, punitive, and sometimes even liquidated damages, though
there are caps on damage awards based on the number of employees the business employs.
The damage award can also depend on the type of discrimination, and whether or not the
discrimination was committed intentionally or recklessly.
Bona Fide Occupational Qualification
Now let’s look at the one recognized exception to discrimination under Title VII. This legal
defense is known as a bona fide occupational qualification, or BFOQ.
BFOQ defenses can sometimes be complicated. In general, the employer must prove that
disparate treatment is essential to meet a necessary requirement of the job. Courts don’t
accept BFOQ defenses often.
Here’s an example of an acceptable BFOQ defense: The University of Maryland posts a job
opening for a residential adviser in a girls’ dormitory. The advertisement specifically states that
the university is seeking an adult female that would be willing to live in the on-campus
dormitory with the freshmen girls.
Darcy and Darren both apply for the job. Darcy is female and Darren is male. Darcy is selected
for the job. Darren then files an employment discrimination suit alleging discrimination in the
hiring process based on gender. The university asserts a BFOQ defense based on the necessity
of supplying female residential advisers for its female students. The university supplies rational
evidence, such as student preferences and safety reports, that substantiate its hiring practices.
Darren therefore loses his lawsuit.
Lesson Summary
Let’s review. Employment discrimination is the mistreatment of job applicants and employees
based on race, color, sex, religion, national origin, physical disability, sexual orientation,
transgender status, age, and other unlawful classifications. Employment discrimination laws
prohibit unfair practices in several different areas of employment, including:
• Hiring
• Promoting
• Assigning tasks
• Training
• Compensating, and
• Firing
Employment discrimination includes outright mistreatment of an employee, and can include
treating other employees or job applicants better than a particular employee. Discrimination
can also occur when the employment practices merely perpetuate previous or ongoing
discrimination.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment
discrimination based on race, color, religion, sex, or national origin. It’s widely considered to be
the most important law on employment discrimination. This is because it put a formal and
detailed complaints process into place and set harsh legal penalties for employment
discrimination.
Title VII is administered by the U.S. Equal Employment Opportunity Commission, or EEOC.
The EEOC is a federal administrative agency that investigates, reconciles, and litigates
complaints filed by existing and prospective employees against employers. Title VII applies to all
employment agencies, including unions, and any business or labor organization that affects
interstate commerce and has at least 15 workers or members. If the EEOC finds that an
employer has violated Title VII, it can order penalties such as:
• Back pay for the employee
• Payment of the employee’s attorney’s fees
• Reinstating the employee
• Retroactive granting of seniority for the employee, and
• Retroactive pension benefits to the employee
Penalties can include compensatory, punitive, and sometimes even liquidated damages. There
are limits placed on damage awards based on the number of employees the business employs.
Damage awards are also dependent on the type of discrimination, and whether or not the acts
were committed intentionally or recklessly.
Note also that the courts acknowledge one legal defense to employment discrimination. This
defense is known as a bona fide occupational qualification, or BFOQ. In general, the
employer must prove that disparate treatment is essential to meet a necessary requirement of
the job. For example, a movie producer may hire a male actor for the portrayal of a male part
without considering female actresses for the same role and without committing employment
discrimination in the hiring process.
—————————————————————————————————————————-
The CRA and EEOC
If you were to ask the average person on the street, they would likely tell you that racial
discrimination is wrong. Everyone knows that. But if you asked them to explain the different
ways that discrimination might occur in the workplace, or the laws that protect people from
discrimination on the job, or even where to go if they feel they have been discriminated against,
you might find them unable to give a clear answer.
Under Title VII of the Civil Rights Act (CRA) of 1964 , it is illegal for an employer to
discriminate on the basis of race, color, sex or gender, religion, or national origin. This applies
to all employment situations including hiring, firing, training, promoting, benefits, and wages. If
you believe that you have been discriminated against, you have a right to file a complaint
against the employer.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible
for enforcing the CRA. If you feel that you have been discriminated against, you may file a
complaint with the EEOC, and they will investigate the charges. If the EEOC finds that
discrimination has occurred, they will try to settle the charges outside of court. If they can’t
reach a settlement, the EEOC has the authority to file a lawsuit against the employer on your
behalf. Let’s take a deeper look at racial discrimination in the workplace.
Types of Racial Discrimination
Racial discrimination in the workplace takes three primary forms:
Disparate treatment means that an employer treats an employee differently than other
employees who were in the same situation. This may be illegal, depending on the
circumstances. An example would be that two employees, John, who is an African American,
and Jack, who is white, go to lunch together. They are having such a great time that they forget
about the clock and come back an hour late. Of course, the boss is waiting for them, and he is
not happy. He fires John on the spot, but lets Jack off with a warning. If the reason the employer
fired John and not Jack is because John is Black and Jack is white, then this is disparate
treatment because of race, which is illegal. But, if the actual reason is because John has been
late three times, and this is Jack’s first offense, it would be disparate treatment on the basis of
attendance, which would be legal.
Disparate impact means that an employer has a practice or policy, usually involving tests for
employment or promotion, that affect one group of people more than another group, whether
or not it is intentional. For example, Amy Swift, who owns Amy’s Steak House, won’t hire
dishwashers for her restaurant unless they have a high school diploma. If this policy affects one
group of people who did not graduate from a high school in America more than it affects
another group, it could be a case of disparate impact. Amy would then have the burden of
proving that the diploma was necessary to wash dishes or she may be found guilty of illegal
discrimination, whether or not her policy was intended to keep African Americans from working
there.
A racially hostile work environment is an environment where racial slurs, racist jokes,
derogatory comments, and other offensive behaviors create an intimidating, hostile, or abusive
environment.
Statistics
The EEOC statistical report for 2020 indicated that there were 22,064 charges of racial
discrimination filed for the year, representing 32.7% of the total complaints received for any
type of employment discrimination. No reasonable cause was found for 16,566 cases. Of the
lawsuits filed, most of the cases with reasonable cause were resolved through mediation, and a
total of $74.8 million dollars was collected from employers for violations, not including money
received from lawsuits.
Landmark Cases
When the CRA became the law of the land, there were many details that needed to be ironed
out by the courts. Let’s look at two of the most important cases that helped to clarify the law.
In McDonnell Douglas Corp. v. Green (1973), the Supreme Court ruled that a person can make a
case for unlawful discrimination in hiring practices if all of the following apply:
The person must be a member of a group that is protected by Title VII (for example, that
they belong to a racial minority).
• The person applied and was qualified for the job.
• The person was rejected for the position.
• The employer continued to look for applicants with similar qualifications, or the position
was given to a person who wasn’t a member of the protected group.
If the person can prove all four of these points, it is up to the employer to show a lawful reason
why the person was not hired for the job.
•
Griggs v. Duke Power (1971) established disparate impact as a violation of Title VII. This case
clarified two very important points in interpreting the law.
•
•
It is not necessary to prove that an employer’s selection methods are deliberately
discriminatory. If they have a greater negative impact against a group protected by Title
VII, the employer may be in violation of the law.
The burden of proof in showing that a qualification is a necessary requirement to
perform the job lies with the employer.
Lesson Summary
Racial discrimination in the workplace is forbidden by federal law in the U.S. under Title VII of
the Civil Rights Act of 1964. It applies to all aspects of employment, including hiring, firing,
training, promoting, benefits, and wages. People who believe that they are the victim of illegal
discrimination have a right to file a complaint with the EEOC. Racial discrimination in the
workplace takes three primary forms: disparate treatment, disparate impact, and racially
hostile work environment.
——————————————————————————————————————-
In 1978, Congress passed the Pregnancy Discrimination Act (PDA), which prohibited using
pregnancy as justification for sex discrimination. Learn about the PDA and understand the
regulations it implemented, such as requiring employers treat pregnant people the same way
they treat temporarily disabled employees, and their enforcement.
Pregnancy Discrimination Act
Brianna is an executive at a large tech company. She just received a promotion to division vice
president. She’s excited about the new position and the doors it will open professionally. She’s
also just learned that she’s pregnant with her first child. She and her husband have been trying
for about a year. Now, she’s nervous that her pregnancy is going to cost her all the gains she
has made professionally. She confides her concerns to a long-time colleague, Cassandra, who
works in human resources at a different company. Cassandra says that Brianna is protected by
the Pregnancy Discrimination Act.
The Pregnancy Discrimination Act (PDA) is a federal law that prohibits employers from
discriminating against pregnant individuals relating to employment. Cassandra explains that
the scope of the PDA’s protections are very broad and includes hiring, firing, layoffs,
promotions, benefits, pay and any ‘other term or condition of employment.’ The PDA applies to
employers who employ at least 15 people, which includes Brianna’s company. Brianna’s
pregnancy should not have a negative impact on her career.
Cassandra also explains that the PDA prohibits harassment based on pregnancy, childbirth or a
pregnancy related medical condition. According to EEOC, in order to rise to the level of
harassment, it must be ‘so frequent or severe that it creates a hostile or offensive work
environment or when it results in an adverse employment decision, such as the victim being
fired or demoted.’ Harassment is not limited to supervisors but can also include co-workers or
even a customer.
Treated the Same as Temporary Disabled
Cassandra also tells Brianna that if she can’t perform her job because of a medical condition
that is related to her pregnancy or childbirth, her employer must treat her the same way it
treats a temporarily disabled employee. For example, if Brianna needs to be confined to bed
during her pregnancy, her employer must provide her disability leave or unpaid leave if it
provides those benefits to other temporarily disabled employees who cannot work. Likewise, if
a temporarily disabled employee is given a lighter duty assignment because the temporary
disability prevents the employee from performing her normal duties, a pregnant employee
must be given the opportunity as well if she can’t perform her regular duties because of a
pregnancy or pregnancy-related condition.
Cassandra explains that it’s also a violation of the PDA for an employer to use special
procedures to determine whether Brianna is able to work or qualifies for leave or sick pay. Her
employer must use the same procedures it uses for other temporarily disabled employees to
determine whether they are unable to work. For example, if a doctor’s statement is the only
thing needed to establish sick leave for non-pregnant employees, that’s all that should be
required for pregnant employees, too.
Enforcement
Brianna asks Cassandra what she should do if she believes that the PDA is being violated.
Cassandra tells her that the Equal Employment Opportunity Commission is in charge of
enforcing the PDA. Brianna can file a charge of discrimination against her employer with the
EEOC. The charge will be investigated. If the EEOC makes a finding of discrimination, it will
attempt to settle the issue with the employer. If it can’t, it has the power to file a lawsuit. If the
EEOC determines there has been no discrimination, Brianna can file a lawsuit against her
employer if she disagrees.
Lesson Summary
Let’s review what we’ve learned. The Pregnancy Discrimination Act is a federal law that
prohibits employers employing at least 15 people from discriminating in any aspect of
employment based on pregnancy, childbirth or a pregnancy-related medical condition.
Moreover, an employer must treat an employee with a pregnancy-related temporary disability
in the same manner in which the employer treats its other temporarily disabled employees.
The PDA also makes pregnancy-based harassment illegal.
The PDA is enforced by the EEOC. Employees who believe that they have been discriminated
against due to a pregnancy, childbirth or pregnancy-related condition can file a charge of
discrimination with the EEOC. The charge will be investigated and a finding made. If a finding of
discrimination is found, then the EEOC will try to resolve the issue. If an employer continues to
deny the violation, then the EEOC does have the power to commence a lawsuit. If an employee
is dissatisfied with the EEOC’s conclusions, the employee will also be able to file a lawsuit
against the employer on their own.