Harassment Complaint Resolution Acknowledgement. Equal Employment Opportunity Commission. The Civil Rights Act of Pay raises in the U. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Toolkits Managing Equal Employment Opportunity. June 17, Reuse Permissions. Page Content. Overview Public policy regarding equal employment opportunity EEO is expressed in constitutions and more particularly in anti-discrimination laws.
What Is an Employment "Opportunity"? As such, "opportunities" exist in numerous employment contexts, including: Internal and external recruiting.
Applications for employment. Interviewing job candidates. Pre-employment testing. Background investigations. Perquisites also known as perks or employee services.
Working conditions. Dress and appearance. Leave management. Disciplinary actions. Promotions, transfers or demotions. Exercise of legal rights. Downsizing, layoff or reductions in force. Protected Classes of Persons in the United States A collection of federal laws and executive orders make it illegal to discriminate in the terms and conditions of employment based one or more of the following characteristics: Race.
Sexual orientation. Gender identity or expression. Religion, belief and spirituality. Use of family and medical leave.
Military status. Genetic information. Federal laws The following U. It contains a provision that grants all persons the same right to "make and enforce contracts. The law prohibits discrimination in compensation based on sex in relation to jobs that require equal skill, effort or responsibility and that are performed under similar working conditions.
Title VII of the Civil Rights Act of applies to employers with 15 or more employees, each working 20 or more weeks in the current or preceding calendar year; state and local government; employment agencies; labor unions; and U. Title VII prohibits discrimination based on race, color, national origin, sex including sexual orientation and gender identity or expression and religion.
The Age Discrimination in Employment Act of ADEA , as amended by the Older Workers Benefits Protection Act of , applies to employers with 20 or more employees, each working 20 or more weeks in the current or preceding calendar year, employment agencies, labor organizations, U. The laws prohibit discrimination against persons age 40 and older. The Immigration Reform and Control Act of IRCA prohibits discrimination on the basis of national origin or citizenship, except for illegal immigrants, by employers having four or more employees.
Titles I and V of the Americans with Disabilities Act of ADA apply to employers with 15 or more employees, local governments, employment agencies and labor unions. It prohibits discrimination against qualified persons with disabilities, persons with perceived disabilities and persons associated with those having disabilities. Executive Order of requires federal contractors to include agreements in contracts not to discriminate against an employee on the basis of race, color, sex, religion or national origin and requires certain federal contractors to have affirmative action plans.
The Uniformed Services Employment and Reemployment Rights Act of USERRA applies to all employers, regardless of size, and to all regular employees, regardless of position or full- or part-time status, and prohibits discrimination on the basis of military status and military service obligations. Title III of the Consumer Credit Protection Act CCPA prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it.
State and local laws States and municipalities in the U. For example, some states prohibit discrimination on the basis of: Marital status. Gender identity or expression and cross-dressing. Legal off-duty conduct, such as smoking. Figures clearly show that there is a long way to go to achieving equal participation of women and men in senior positions.
Instruments like equal opportunities plans allow for a systematic approach of improving the gender-balance in staffing patterns and for monitoring the advancement of equal opportunities within an organisation.
An equal opportunities plan usually consists of three parts:. Provide fair procedures of staff recruitment as well as a performance assessment scheme that is not flawed by gender biases. There is evidence that a bias exists in the performance assessment of employees who work part-time.
Stereotypes such as part-time staff being less motivated and performing worse per se than full time employees can lead to lower-ranking job performance assessments for part-time personnel. As women often represent the majority of part-time workers, this can lead to indirect discrimination against women. The procedures of staff recruitment and the criteria of performance assessment therefore have to be revised; senior managers and human resources staff alike should be sensitised to gender and other biases.
Equal opportunity and diversity overview. It promotes: better business performance and productivity from employees more creative and innovative thinking among staff improved staff health and wellbeing lower risk of discrimination and harassment in the workplace In Australia, national and state laws cover equal employment opportunity and anti-discrimination in the workplace.
State and territory resources. Employing Aboriginal and Torres Strait Islander peoples. Employing CALD people.
You can: develop workplace policies and training that promote cross-cultural awareness hold lunches and events that celebrate workplace diversity and encourage employees to share their cultures and experiences set up mentoring arrangements that match employees from different backgrounds, to encourage open communication find out when significant cultural and religious events and days are on, so you can anticipate leave requests and plan celebrations in the workplace.
Employing people with disability. Evidence has shown that employees with disability tend to: take fewer days off, take less sick leave and stay in jobs for longer than other workers have fewer compensation incidents and accidents at work compared to other workers build strong relationships with customers boost workplace morale and enhance teamwork As an employer of people with disability, you must be aware of the special national minimum wages that could apply. Prepare your workplace If you employ or interview someone with disability, you may need to make changes to your workplace to ensure it's accessible.
Changes to your workplace could include: modifying the physical environment accessible car parking accessible sanitary facilities accessible room requirements in accommodation buildings making work arrangements more flexible Employer support As an employer, you can access a range of government programs to help you employ people with disability: Disabled Australian Apprentice Wage Support is an incentive paid to employers who employ an eligible Australian Apprentice with disability.
Job Access can help you with free, confidential advice about employing people with disability and the financial help available to employers. Wage subsidies can help employers with paying wages and training costs in the first few months of employing a person with a disability. The Supported Wage System supports people with disability who are not able to perform jobs at the same capacity as any other employee Employee support Your employees with disability also have support available to help them adjust to their workplace: Employment Assistance Fund covers the costs of making workplace changes and buy equipment.
Job Access has information for people with disability about finding work and being supported in the workplace. Disability Employment Services can help you with training, support, workplace adjustments and Auslan at work. IDPwD aims to: bring together businesses, governments and communities to recognise the contributions and celebrate the accomplishments of people with disability promote the understanding of people with a disability encourage support for their dignity, rights and well-being Learn how you can celebrate the day in your workplace on the International Day of People with Disability website.
Employing mature aged people. Mature aged workers often have built up knowledge and skills during their time in the workforce, so they can help you to: look at your business operations from a different perspective improve your business processes fill any skill or knowledge gaps in your workplace provide mentoring to less experienced employees train up your employees by sharing skills There is evidence that mature aged workers can: save you money due to lower rates of absenteeism make your business more productive help you learn and adjust to new technologies in the workplace.
Programs and financial support to help you employ mature aged workers. Working with new parents. Australian Government Paid Parental Leave scheme Employees can also have extra entitlements, such as paid parental leave.
What This Means For Employees To comply with the terms of the Equality Act, employers must have policies in place and must adhere to certain practices that aim to prevent accident claims , discrimination and foster equal opportunities within the organisation.
As a worker, you have a right to: Fair practices and behaviour in the workplace Fair allocations of workloads Equal access to benefits and conditions A workplace that is free from unlawful discrimination, harassment or bullying at work Competitive merit-based selection processes for recruitment and promotion Fair processes to deal with work-related complaints and grievances If any of these rights are breached or your employment is terminated and you deem it as unfair dismissal an employment solicitor should be able to offer you their expert opinion.
Establishing Equal Opportunities During The Recruitment Stage All employers must follow certain procedures for recruitment to ensure that all applications are treated appropriately and fairly and that, all things being equal, no candidate is rejected because of their age, gender, race, sexuality or any other protected characteristic. This means recruitment procedures must meet the following criteria: The job description must be set so that all applicants are assessed against the exact same criteria and nothing else.
All questions that are not relevant to the job must be excluded from the questionnaire. Applicants should not be asked about their age, race, religion or any other protected characteristic. Female applicants must be treated the same as male applicants.
Disabled applicants must be treated the same as applicants with no disabilities. Pregnant applicants must be treated the same as non-pregnant women. Establishing Equal Opportunities In the Workplace All employers must follow certain procedures in the workplace to ensure that all workers are treated appropriately and fairly and that, all things being equal, no candidate is treated unfairly because of their age, gender, race, sexuality or any other protected characteristic.
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