by Martin Salcedo, Esq. - The Human Equation
on 3/12/2014 According to the Equal Employment Opportunity Commission, charges of religious discrimination brought under Title VII of the Civil Rights Act are steadily increasing. These charges often involve religious dress and grooming practices, such as:
- wearing religious clothing or articles, such as a Muslim hijab (headscarf), a Sikh turban or a Christian cross
- observing a religious prohibition against wearing certain garments, such as a Muslim, Pentecostal Christian, or Orthodox Jewish woman's practice of not wearing pants or short skirts
- adhering to shaving or hair length observances, such as a uncut hair and beard (Sikh), dreadlocks (Rastafarian) or peyes/side locks (Jewish)
Title VII, which protects all aspects of religious observance, practice and belief, defines religion very broadly. It protects not only traditional, organized religions, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or may seem illogical or unreasonable to others.
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Tags: 2014, Business Strategy, Department of Labor, Discrimination, diversity, EEOC, employee relations and diversity, Employment Liability, Equal Employment Opportunity Commission, Fair Labor Standards Act, FLSA, Human Resources, Laws and Regulations, The Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, Workplace Rights, Workplace Harassment and Discrimination
Categories: 2014, Human Resources
by The Human Equation, Inc.
on 1/29/2014 The Equal Employment Opportunity Commission (EEOC) is on a mission. According to its Strategic Plan for Fiscal Years 2012 through 2016, the EEOC is focused on:
- combating employment discrimination with administrative (investigation, mediation, conciliation) and litigation enforcement mechanisms
- preventing employment discrimination with education and outreach activities
- delivering excellent and consistent services with effective systems.
The EEOC’s enforcement objectives and activities provide valuable insight into what employers should pay special attention to when dealing with equal employment opportunity matters. According to its Fiscal Year 2013 Performance and Accountability Report, the EEOC:
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Tags: 2014, EEOC, Equal Employment Opportunity Commission, Age Discrimination in Employment Act, Business Strategy, Disability and Discrimination Policies, Discrimination, diversity, Employment Liability, Workplace Harassment and Discrimination, Workplace Rights
Categories: 2014, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 6/18/2013
In a previous article we discussed the Equal Employment Opportunity Commission’s (EEOC) position on the use of arrest and conviction records in the employment context. According to the EEOC, Title VII of the Civil Rights Act (Title VII) prohibits the use of arrest and conviction records in a manner that discriminates on the basis of race, color, national origin, religion, or sex. The EEOC recently reaffirmed its position by filing two lawsuits involving the use of criminal background records.
BMW Manufacturing Co.
The EEOC claims that BMW’s criminal conviction policy, which disproportionately screened out African Americans, is not job related and consistent with business necessity. The lawsuit alleges that BMW’s policy is a blanket exclusion that does not provide for an individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the workers’ respective positions. More...
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Tags: 2013, Background and Reference Checks, Business Strategy, Discrimination, diversity, Employee Status and Job Descriptions, Employment Liability, Equal Employment Opportunity Commission, Laws and Regulations, recruiting and offers, Risk Management, EEOC, Title VII of the Civil Rights Act of 1964, Workplace Rights, Workplace Harassment and Discrimination
Categories: 2013, Human Resources, Risk Management
by The Human Equation, Inc.
on 1/14/2010 Diversity in the workplace is a good thing. When men and women of different races, religions, ethnicities, and ages work together in an environment of tolerance and respect, the possibilities are limitless. More...