We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
  • INDUSTRY PRESS ROOM
  • ABOUT
  • CONTACT
  • MEDIA FILE
  • Create Account
  • Sign In
  • Sign Out
  • My Account
Free Newsletters
  • MAGAZINE
    • Current Issue
    • Archives
    • Digital Edition
    • Subscribe
    • Newsletters
    • Mobile Apps
  • TRANSPORTATION
  • MATERIAL HANDLING
  • TECHNOLOGY
  • LIFT TRUCKS
  • PODCAST ETC
    • Podcast
    • Webcasts
    • Blogs
      • One-Off Sound Off
      • Global Logistics and Risk
      • Empowering Your Performance Edge
      • Analytics & Big Data
      • Submit your blog post
    • Events
    • White Papers
    • Industry Press Room
      • Upload Your News
    • New Products
      • Upload Your Product News
    • Conference Guides
    • Conference Reports
    • Newsletters
    • Mobile Apps
  • DCV-TV
    • DCV-TV 1: News
    • DCV-TV 2: Case Studies
    • DCV-TV 3: Webcasts
    • DCV-TV 4: Viewer Contributed
    • DCV-TV 5: Solution Profiles
    • Parcel Forum 2022
    • MODEX 2022
    • Upload Your Video
  • MAGAZINE
    • Current Issue
    • Archives
    • Digital Edition
    • Subscribe
    • Newsletters
    • Mobile Apps
  • TRANSPORTATION
  • MATERIAL HANDLING
  • TECHNOLOGY
  • LIFT TRUCKS
  • PODCAST ETC
    • Podcast
    • Webcasts
    • Blogs
      • One-Off Sound Off
      • Global Logistics and Risk
      • Empowering Your Performance Edge
      • Analytics & Big Data
      • Submit your blog post
    • Events
    • White Papers
    • Industry Press Room
      • Upload Your News
    • New Products
      • Upload Your Product News
    • Conference Guides
    • Conference Reports
    • Newsletters
    • Mobile Apps
  • DCV-TV
    • DCV-TV 1: News
    • DCV-TV 2: Case Studies
    • DCV-TV 3: Webcasts
    • DCV-TV 4: Viewer Contributed
    • DCV-TV 5: Solution Profiles
    • Parcel Forum 2022
    • MODEX 2022
    • Upload Your Video
Home » staying square with the EEOC
labor pool

staying square with the EEOC

December 1, 2003
Donald Jacobson and Shelley Safian
No Comments

Log onto the U.S. Equal Employment Opportunity Commission's Web site and it's instantly clear that though it's been nearly 40 years since the agency's founding, its mission of keeping America's workplaces free from discrimination is far from accomplished. Week after week, the EEOC posts pages of updates describing the resolution of a dizzying array of complaints: sexual harassment, discrimination against diabetics, racial bias, religious bias, same-sex harassment, pregnancy bias, national origin bias.

No one wants to become the subject of an EEOC investigation. But companies across the country are dropping into the commission's sights every day. In fiscal year 2002 alone, 84,442 individuals filed charges with the commission, indicating a widespread national ignorance of—or disregard for—federal anti-discrimination laws.

What does all this mean to you as a manager? At the very least, you need to be aware that under federal law, if you recruit, promote, hire or fire an employee, you must do it fairly, equally and without prejudice—considering only the person's skills and contributions to the company and nothing else. Statutes from Title VII of the Civil Rights Act to the Age Discrimination in Employment Act prohibit workplace discrimination and harassment. That means everyone at all levels of management must know the laws, understand them and follow their guidelines. If they don't, the EEOC is there to enforce those laws and investigate workers' complaints.

What follows are answers to some frequently asked questions about harassment and discrimination. For further information, go to the EEOC's Web site (www.eeoc.gov).

What constitutes "discrimination" or "harassment"? Discrimination is the act of treating someone differently from others due to a particular personal characteristic, such as race, gender or age. Harassment, a type of discrimination, is a hostile, offensive or intimidating action that is directed at someone because he or she has a protected personal characteristic. Sexual harassment is a type of gender discrimination and includes unwanted sexual advances.

Do the laws apply to all types of businesses? Most federal employment laws apply only to companies with a minimum number of personnel. According to the EEOC's Web site, the following are the statutory minimums with regard to discrimination laws:

  • Title VII of the Civil Rights Act of 1964 applies to employers with fifteen (15) or more employees.
  • The Age Discrimination in Employment Act of 1967 applies to employers with twenty (20) or more employees.
  • Title I of the Americans with Disabilities Act of 1990 applies to employers with fifteen (15) or more employees.
  • The Equal Pay Act of 1963 applies to most employers with one or more employees.

As you can see, chances are that most or all of these laws apply to your company.

What personal characteristics are protected? The laws make discrimination activities, including harassment, illegal only when the bias is based on at least one of these categories: race or color; gender; pregnancy or childbirth; national origin (including Native American tribe affiliates); religion; disability; and age (if the person is at least 40 years old). In addition, you should be aware of any state or local laws that may prohibit discrimination against people with additional protected characteristics such as sexual orientation, weight and marital status. (Contact your state department of labor or fair employment office for details on regulations that apply to your company.)

Elements that are specifically considered to be harassing conduct include the use of epithets (such as Giant John or Susan the Fair), mockery (ridicule or derisive imitation), demeaning jokes and cartoons, as well as implied and/or explicit threats of violence.

What types of activities are covered by these laws? It would be hard to name an activity that isn't covered by these laws. The ban against discrimination pertains to all terms, conditions and privileges related to employment in your company, including but not limited to hiring, firing, compensation, benefits, job assignments, shift assignments, promotions and discipline.

There are some minor allowances for exceptions under the laws. In a case where the employer can prove that the characteristic (or lack thereof) is intrinsic to performing the job, it may be able to obtain a bona fide occupational qualification exception. For example, if you're trying to fill a loading dock job that requires the worker to lift 45-pound boxes, you may have legitimate grounds for refusing to hire someone who is pregnant or physically disabled.

Does a complaint necessarily lead to a lawsuit? No. Whether you get sued or not largely depends upon how you handle the initial complaint. To keep out of trouble, managers must take even the hint of a violation seriously! For the most part, those employees (or former employees) who take their complaints to the EEOC are driven there by their supervisors' indifference or inaction. Say an employee goes to the department head with a complaint about harassment or hostility on the part of a section supervisor. The manager who acts on the complaint and works to correct the flawed relationship is likely to avoid a lawsuit. The manager who replies, "Yeah, you two don't like each other, do you?" is almost begging for a call from the EEOC.

Understanding the terms of the laws may help you avoid the problems that come from breaking them, like being sued or fined. But understanding the laws is not enough. You also need to have the right policies in place. Next month, we'll outline five easy steps to compliance with the EEO laws.

Business Management & Finance
  • Related Articles

    Staying ahead of Mother Nature: interview with John Bosse

    Staying on trend: interview with Torsten Mueller

    staying connected

Don Jacobson is the president of Optimum Supply Chain Recruiters, a recruiting organization that specializes in the placement of management personnel in the logistics field on a nationwide basis. You can reach him by calling Optimum SCR at (800) 300-7609 or by visiting the firm's Web site, www.OptimumSCR.com.
Shelley Safian is vice president of marketing for Optimum Supply Chain Recruiters, a recruiting organization that specializes in the placement of management personnel in the logistics field on a nationwide basis. You can reach her by calling Optimum SCR at (800) 300-7609 or by visiting the firm's Web site, www.OptimumSCR.com.

Recent Articles by Donald Jacobson

Survival strategies for logistics professionals

temporary help for the executive suite

how to deal with survivor's guilt

You must login or register in order to post a comment.

Report Abusive Comment

Most Popular Articles

  • Big and bulky last-mile delivery segment set for hot growth

  • Outlook 2023: What’s in store for logistics/supply chain?

  • Ports, maritime operators see tide turning as ocean freight tsunami subsides

  • In Person: Steve Beverly of Penske

  • InPerson interview: Rob McKeel of Fortna

Now Playing on DCV-TV

89cfed30 8aac 4284 960d c8c8c1886e16

Have you checked your read rate lately?

DCV-TV 4: Viewer Contributed
No reads. Unaccounted for boxes. Boxes sent to the wrong place. A logistics nightmare! But this nightmare doesn’t have to come true. SICK’s linear line scan camera is what dreams are made of for your logistics operations. And if you’re worried about motion and vibration from conveyor belts...well, there’s no reason...

FEATURED WHITE PAPERS

  • The five best applications for robotic lift trucks in warehouse environments

  • Fulfillment Facility Improved Efficiencies by 4x

  • 3PLs: Complete Orders Faster with Flexible Automation

  • Reusable Packaging for the New Wave of Supply Chain Automation

View More

Subscribe to DC Velocity Magazine

GET YOUR FREE SUBSCRIPTION
  • SUBSCRIBE
  • NEWSLETTERS
  • ADVERTISING
  • CUSTOMER CARE
  • CONTACT
  • ABOUT
  • STAFF
  • PRIVACY POLICY

Copyright ©2023. All Rights ReservedDesign, CMS, Hosting & Web Development :: ePublishing