The EEOC is the lead federal agency for ensuring employer compliance with EEO laws. The commission and its state counterparts monitor and enforce EEO laws in all non-federally funded institutions and organizations. The main functions of the commission, apart from ensuring that employee anti-discriminatory policies remain in place, are:
Civic education: part of the EEOC’s mandate is to ensure that employees can protect themselves in case of discriminatory practices at work. To that end, the commission educates employees on their rights under EEO laws.
Providing assistance to employees: the EEOC requires all organizations to design pipelines that enable employees to reach out to the commission when they witness discrimination in the workplace. The management of every organization works with the EEOC to facilitate and provide aid to employees when they are discriminated against.
EEO laws prohibit employers from discriminating against employees and applicants based on their protected classes. Classes that are protected under EEO laws include race, sex, nationality, religion, disability, age, color, military veteran status or genetic data. Some state and local laws have expanded protected classes to include criminal history, sexual orientation, and domestic violence victim status.
EEO laws ensure that employees are treated equally during the hiring process as well as after gaining employment. Employers must provide equal opportunities for hire, career advancement, and professional development to ensure that their organizations remain compliant with the law. Equal employment opportunity also covers the provision for fair and reasonable pay to employees during their tenure with the firm. It is important to note that the main purpose of Equal Employment Opportunity laws is to prevent employees from being discriminated against in the workplace.
It is similarly important to note that not all employers are required to follow EEO laws. Some private companies are exempt from following these laws if they have fewer than 15 employees or do not engage in interstate commerce. However, most private sector employers fall under these laws. State and federal employees, as well as employees working for educational institutions and employment agencies are covered by EEO laws. Labor organization employees also qualify for EEO protections.
As EEO laws apply to numerous organizations, they require vast amounts of resources to monitor and enforce compliance. There are two main federal bodies in charge of the monitoring and enforcement of these anti-discriminatory laws as described below.
Department of Labor
The United States Department of Labor (DOL) is a branch of government, comprised of 28 agencies, that deals with employee rights and safety and benefits, among other things. Their mission is to “foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.” (www.dol.gov) The Department of Labor ensures that any agency that receives funds from the federal government comply with EEO laws. Federally-funded programs and activities must either provide proof of compliance with EEO laws to the applicable agency or face penalties.
The DOL monitors and enforces EEO laws through two agencies:
Civil Rights Center: This program ensures that managers and employers heading any activities funded by the federal government meet EEO requirements, including the Department of Labor.
The Office of Federal Contract Compliance Programs (OFCCP): This office supervises employers with federal contracts and subcontracts. It ensures that their hiring procedures and employee treatment comply with Equal Employment Opportunity laws.
The Department of Labor only deals with employers that receive federal aid. All other employers in the U.S. are monitored and evaluated for EEO law compliance by the Equal Employment Opportunity Commission.
Equal Employment Opportunity Commission
The EEOC is the lead federal agency for ensuring that employers comply with EEO laws. The commission and its state counterparts monitor and enforce EEO laws in all non-federally funded institutions and organizations. The main functions of the commission, apart from ensuring that employee anti-discriminatory policies remain in place, are:
Civic education: Part of the EEOC’s mandate is to ensure that employees can protect themselves in case of discriminatory practices at work. To that end, the commission educates employees on their rights under EEO laws.
Providing assistance to employees: The EEOC requires all organizations to design pipelines that enable employees to reach out to the commission when they witness discrimination in the workplace. The management of every organization works with the EEOC to facilitate and provide aid to employees when they are discriminated against (United States Department of Labor, n.d).
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