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Journal articles on the topic 'Equal Employment Opportunity Commission'

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Published: 4 June 2021

Last updated: 30 July 2024

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1

Mead, Polly, Elizabeth Rasmussen, and John Seal. "Quality assurance in the equal employment opportunity commission." National Productivity Review 5, no. 4 (1986): 363–75. http://dx.doi.org/10.1002/npr.4040050408.

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2

Barbash, David M. "Equal Employment Opportunity Commission v. Arabian American Oil Co." American Journal of International Law 85, no. 3 (July 1991): 552–57. http://dx.doi.org/10.2307/2203113.

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Ali Boureslan, a naturalized U.S. citizen of Lebanese descent, was employed by the Arabian American Oil Co. (Aramco) as a cost engineer. Boureslan began his tenure with Aramco in 1979 in its Houston, Texas, office, but a year later he requested and received a transfer to the company’s offices in Saudi Arabia. Boureslan alleged that in the ensuing four years he was the victim of racial and religious harassment from his immediate supervisor. He was finally dismissed on June 16, 1984, for allegedly poor work performance.

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3

Carroll, Scott A., and Steven R. Miller. "Equal Employment Opportunity commission issues new Compliance Manual section." Employment Relations Today 33, no. 2 (2006): 67–74. http://dx.doi.org/10.1002/ert.20109.

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4

Steven Miller, Paul. "The Equal Employment Opportunity Commission and People With Mental Retardation." Mental Retardation 37, no. 2 (April 1999): 162–65. http://dx.doi.org/10.1352/0047-6765(1999)037<0162:teeoca>2.0.co;2.

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5

Sin, Dongyun. "The ADR Procedure and Implication of Labor Disputes in the United States." Institute for Legal Studies Chonnam National University 43, no. 3 (August 31, 2023): 173–200. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.173.

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In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution. Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.

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6

Adashi, Eli Y., Daniel P. O’Mahony, and I. Glenn Cohen. "The Pregnant Workers Fairness Act—a Bipartisan Step Forward." JAMA Health Forum 5, no. 2 (February 16, 2024): e235386. http://dx.doi.org/10.1001/jamahealthforum.2023.5386.

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This Viewpoint describes key provisions of the Pregnant Workers Fairness Act and discuss the proposed Equal Employment Opportunity Commission rule, as well as its application to health care employment in particular.

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7

Kessler-Harris, Alice. "Equal Employment Opportunity Commission v. Sears, Roebuck and Company: A Personal Account." Feminist Review, no. 25 (1987): 46. http://dx.doi.org/10.2307/1395035.

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8

Kessler-Harris, Alice. "Equal Employment Opportunity Commission v. Sears, Roebuck and Company: A Personal Account." Feminist Review 25, no. 1 (March 1987): 46–69. http://dx.doi.org/10.1057/fr.1987.4.

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This article was first published in Radical History Review No. 25, 1986. Since then the controversy has escalated dramatically, with articles in the New York Times and Ms magazine and editorials in the Washington Post. Most of the media have used the controversy as a vehicle to attack women's history and women's studies in general. Had I known the direction that this publicity would take I would have written a much stronger piece. Feminist Studies is planning to publish a piece by Ruth Milkman outlining the issues involved in the case, and Signs will publish some of the written testimony in forthcoming issues.

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9

Kerstein, Brett, and Katherine Lambertson. "The Equal Employment Opportunity Commission Proposal and the Genetic Information Nondiscrimination Act." Genetic Testing and Molecular Biomarkers 19, no. 7 (July 2015): 345–46. http://dx.doi.org/10.1089/gtmb.2015.29002.bjk.

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10

Kessler-Harris, A. "Equal Employment Opportunity Commission v. Sears, Roebuck and Company: A Personal Account." Radical History Review 1986, no. 35 (April 1, 1986): 57–79. http://dx.doi.org/10.1215/01636545-1986-35-57.

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11

WOODWARD, JENNIFER. "Borrowed Agency: The Institutional Capacity of the Early Equal Employment Opportunity Commission." Journal of Policy History 35, no. 2 (March 1, 2023): 195–218. http://dx.doi.org/10.1017/s0898030622000379.

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AbstractBorrowed capacity builds upon institutional capacity scholarship to discuss how interactions between government agencies and interest groups can increase agency resources and scope during agency formation and development. Equal Employment Opportunity Commission scholars often note the lack of capacity to implement Title VII of the Civil Rights Act of 1964 during the first years of the agency. I argue that current assessments of the agency’s capacity between 1965 and 1968 are incomplete by expanding the definition of capacity to include borrowed and nontraditional forms of capacity, reviewing congressional allocations to the agency and agency budgets, and considering the active roles state and local agencies as well as interest groups played in the early implementation of Title VII. I demonstrate the agency amassed not only claims but also capacity during its early years.

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12

Lyerly, Eric. "Prevent discrimination against employees, applicants with visual and hearing disabilities." Campus Legal Advisor 24, no. 2 (September 11, 2023): 3–14. http://dx.doi.org/10.1002/cala.41189.

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The U.S. Equal Employment Opportunity Commission recently issued new guidance documents on how the Americans with Disabilities Act applies to employees and job applicants with visual (bit.ly/3Otf0oe) and hearing (bit.ly/44eidy6) disabilities.

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Lyerly, Eric. "Avoid discrimination against employees/applicants with visual and hearing disabilities." Disability Compliance for Higher Education 29, no. 3 (September 18, 2023): 1–4. http://dx.doi.org/10.1002/dhe.31588.

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The U.S. Equal Employment Opportunity Commission recently issued new guidance documents on how the Americans with Disabilities Act applies to employees and job applicants with visual (https://bit.ly/3Otf0oe) and hearing disabilities (https://bit.ly/44eidy6).

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14

Arango-Lasprilla, Juan Carlos, Jessica M. Ketchum, Jessica Hurley, Almaz M. Getachew, and Kelli Williams Gary. "Allegation of ethnic minorities from 1993–2008: An equal employment opportunity commission (EEOC) study." Work 47, no. 2 (2014): 267–79. http://dx.doi.org/10.3233/wor-121583.

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15

Lyerly, Eric. "Learn about EEOC's new guidance on visual disabilities and the ADA." Disability Compliance for Higher Education 29, no. 2 (August 24, 2023): 2–7. http://dx.doi.org/10.1002/dhe.31592.

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The U.S. Equal Employment Opportunity Commission recently issued new guidance on how the Americans with Disabilities Act applies to employees and job applicants with visual disabilities. This column explains the key points below. You can find the full guidance document here (https://bit.ly/3Otf0oe).

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16

Boulware, Karl David, and Kenneth N. Kuttner. "Labor Market Conditions and Discrimination: Is There a Link?" AEA Papers and Proceedings 109 (May 1, 2019): 166–70. http://dx.doi.org/10.1257/pandp.20191086.

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This paper's goal is to determine whether the degree of labor market tightness affects the frequency of discrimination charges. State-level panel data on enforcement and litigation actions from the US Equal Employment Opportunity Commission, along with disaggregated labor market statistics, allow us to assess the effects of labor market conditions on discrimination based on race or ethnicity, and how these effects vary across states and over time. Our findings have implications for how macroeconomic policies might be used to promote equal opportunity in the labor market.

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17

Hill, Charles. "Legislating by Proxy: Did President Obama Amend the Texas Labor Code When He Signed the Lilly Ledbetter Fair Pay Act?" Texas Wesleyan Law Review 18, no. 2 (December 2011): 337–58. http://dx.doi.org/10.37419/twlr.v18.i2.8.

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Does the Texas Labor Code permit Congress to amend Texas law by proxy? Specifically, does the Texas Commission on Human Rights Act automatically incorporate Title VII amendments? This is the question posed to Texas courts and federal courts interpreting the limitations period for filing employment discrimination claims with the Texas Workforce Commission. Despite almost two decades of court precedent interpreting Texas's equal employment opportunity law, the answer is anything but clear. With the passage of the Lilly Ledbetter Fair Pay Act, Texas courts must decide whether the law automatically incorporates the federal act or not. Given Title VII's deference to state law, the answer might seem simple. But, relying on the Texas Labor Code's correlative policy statement, when interpreting vagaries in Texas equal employment opportunity law, Texas courts have historically looked to federal case law interpreting Title VII for guidance. Does this practice mean that the Texas Labor Code must now automatically incorporate the Lilly Ledbetter Fair Pay Act because federal case law will now include it? This is the dilemma facing Texas courts. This Comment will discuss how courts, including some outside of Texas, have handled this question. Using these court opinions, this Comment will show why the Texas Labor Code does not support automatic incorporation. Additionally, this Comment recommends a legislative solution. By amending the correlative policy statement that Texas courts have used as justification for seeking guidance from federal case law, the Texas legislature can easily head off future automatic incorporation questions, sparing judicial resources and adding stability to Texas's equal employment opportunity law.

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18

Meyer, C. Kenneth, Allen Zagoren, Kelsie Wolfe, Tristan Lynn, and Bill Moorman. "Disabled Laborers And The Equal Employment Opportunity Commission’s (EEOCs) Nightmare." Journal of Diversity Management (JDM) 11, no. 2 (February 13, 2017): 17–26. http://dx.doi.org/10.19030/jdm.v11i2.9906.

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In 2012, EEOC v. Henry’s Turkey Service was one of the largest disability settlements in American history. Henry’s Turkey Service was ordered to pay $240 million for paying mentally disabled workers with I.Q.s estimated in the 60-70 range, 41 cents per hour and housing them in unsafe housing and health conditions (Hsieh, 2013). Over forty years, Henry’s Turkey Service relocated hundreds of mentally disabled workers from Texas to Iowa where they were subjected to horrendous living conditions with unlawful, minimal pay—about $65.00 per month, while they worked at a local turkey processing factory in West Liberty, Iowa. The actual case shows a pattern of violations of the Fair Labor Standards Act of 1938 and Americans with Disability Act, 1990. After a raid of the bright blue, florescent colored, century old school house in Atalissa, Iowa, these employers were brought to justice. This case study is about one of the largest EEOC settlements in the history of the United States; yet due to federal damage caps was cut to $1.6 million for all of the men and their estates. The graphic account of the inhumane treatment and degradation of the labors presented in this study is not provided for gratuitous or salacious purposes; rather, it places into context what can occur when governmental regulations and laws go unheeded, unenforced and when authorities are apprised of wrongdoing possibilities stand idly by and in this case, do nothing for 35 years.

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19

Kogut, Carl A., and Larry E. Short. "Affirmative Action in Federal Employment: Good Intentions Run Amuck?" Public Personnel Management 36, no. 3 (September 2007): 197–206. http://dx.doi.org/10.1177/009102600703600302.

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This study examines the impact of affirmative action programs on federal employment to determine if equality of opportunity has been achieved across the various occupational categories and management, professional and supervisory positions. The study differs from most studies of EEO in that it utilizes the five-percent Public Use Microdata Sample from the 2000 Census rather than the database normally used by the Equal Employment Opportunity Commission. The findings suggest that after 40 years of intensive affirmative action efforts the federal government continues to employ a disproportionate number of minority group members than would be expected from their representation in the labor force. The disparity in employment of various minority group members is surprisingly large, suggesting that good intentions may have only intensified discrimination in federal employment for some minority employees.

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20

Thompson, Kerri A. "Countenancing Employment Discrimination." Texas A&M Law Review 8, no. 1 (May 2020): 63–88. http://dx.doi.org/10.37419/lr.v8.i1.2.

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Employing facial recognition technology implicates anti-discrimination law under Title VII of the Civil Rights Act when used as a factor in employment decisions. The very technological breakthroughs that made facial recognition technology commercially viable—data compression and artificial intelligence— also contribute to making facial recognition technology discriminatory in its effect on members of classes protected by Title VII. This Article first explains how facial recognition technology works and its application in employee background checks. Then, it analyzes whether the use of facial recognition technology in background checks violates Title VII under the disparate impact theory of liability due to the known issue of skewed data sets and disproportionate inaccuracy on some populations. The Article concludes by calling on the Equal Employment Opportunity Commission to issue specific guidance warning employers of impending liability under Title VII, including class action liability, due to the use of facial recognition technology, and to use its enforcement authority to file lawsuits against employers who continue to use the technology.

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21

Schipani, Cindy, and Terry Dworkin. "Class Action Litigation after Dukes: In Search of a Remedy for Gender Discrimination in Employment." University of Michigan Journal of Law Reform, no. 46.4 (2013): 1249. http://dx.doi.org/10.36646/mjlr.46.4.class.

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In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court's ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims' decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to assist employees in overcoming the effects of discrimination and provide a potential pathway for career success.

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22

Cunningham, George B., and Claudia Benavides-Espinoza. "A Trend Analysis of Sexual Harassment Claims: 1992–2006." Psychological Reports 103, no. 3 (December 2008): 779–82. http://dx.doi.org/10.2466/pr0.103.3.779-782.

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A trend analysis of sexual harassment claims made by women to the Equal Employment Opportunity Commission from 1992 to 2006 was conducted. Results show a sharp increase during the 1990s, followed by a decline in the 2000s. Regression analysis indicated that these differences were significant, explaining 84% of the variance. The observed trend followed the political climate, with more progressive social policies in the 1990s and a more conservative agenda in the 2000s.

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23

Oyer, Paul, and Scott Schaefer. "Litigation Costs and Returns to Experience." American Economic Review 92, no. 3 (May 1, 2002): 683–705. http://dx.doi.org/10.1257/00028280260136318.

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We develop a model linking maximum damage awards available to plaintiffs in wrongful termination lawsuits, workers' propensity to sue as a function of experience, and returns to experience. Using Equal Employment Opportunity Commission data on protected-worker discrimination complaints and labor-market data from the Current Population Survey, we examine how returns to experience among protected workers changed around the passage of the Civil Rights Act of 1991. We show that employers' reactions to employment protections may induce redistributive effects. Furthermore, these effects operate not merely across groups of differing protected status, but also within groups of identical protected status.

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24

Pullin, Diana. "Learning to Work: The Impact of Curriculum and Assessment Standards on Educational Opportunity." Harvard Educational Review 64, no. 1 (April 1, 1994): 31–55. http://dx.doi.org/10.17763/haer.64.1.l44t02622p7741gl.

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The increased involvement of business in fostering school reform, and the subsequent focus on setting standards for curriculum and assessment, raise a number of questions rooted in public policy and law. In this article, Diana Pullin provides a valuable analysis of the legal issues in current education reform proposals — the Secretary's Commission on Achieving Necessary Skills (SCANS), Goals 2000, and the report of the National Council on Education Standards and Testing (NCEST) — that attempt to link education and employment through assessment and curriculum. She also offers important insights into the complexities that we must consider if these proposals are truly to advance our commitment to equity. The author dissects the issues in governance, contrasting the national assessment programs called for in both SCANS and NCEST with federal approaches, and, given the inherent "high-stakes" nature of these assessments, foresees problems with validity, reliability, and fairness. She explores the grounds for due process and equal protection challenges, and details the legal protections against discrimination in employment that might be applied in cases of employment-related curriculum and assessment. In the end, Pullin asserts that those who have historically been denied equal educational opportunity are most likely to bring legal challenges to reforms that use assessment to link schools and work, and concludes that only those reforms that are fair and equitable will be legally defensible.

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25

Delton, Jennifer. "Before the EEOC: How Management Integrated the Workplace." Business History Review 81, no. 2 (2007): 269–95. http://dx.doi.org/10.1017/s0007680500003366.

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This article examines how the human-relations managerial techniques of the 1950s prepared large companies for the mandated racial integration required by the Equal Employment Opportunity Commission (EEOC) after 1964. Drawing from management's “howto” publications, as well as archival materials from the Lukens Steel Company and the Du Pont Corporation, the article expands on recent work that has emphasized the importance of internal labor markets, training programs, and managerial policies in determining the shape and pace of integration.

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26

Wilhelm, Sarah A. "The Impact of Equal Employment Opportunity Commission Enforcement on the Wages of Black and White Women, 1988–1996." Review of Black Political Economy 30, no. 2 (September 2002): 25–51. http://dx.doi.org/10.1007/bf02717311.

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27

Knox, Robert, Michael O. Adams, Samuel Arungwa, and Gbolahan S. Osho. "A Practical Guide for Policy Analysis on Affirmative Action Policy." Journal of Public Administration and Governance 10, no. 3 (August 9, 2020): 112. http://dx.doi.org/10.5296/jpag.v10i3.17200.

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The Act established, in pursuit of meeting it is proclamation, the Equal Employment Opportunity Commission. However, most employers did not abide by the act, and continued to discriminate against minorities and women with lower wages or refuse to hire them. If a minority reported the incident, usually there was nothing done to the employer. The United States office the Civil Rights Commission describes affirmative action as covering every degree of single termination of a discriminatory practice, that allows for race, national origin, sex, or disability, laterally with other benchmarks, and that embraced to offer prospects to a class of persons with historically or actually been deprived of those prospects, and to preclude repetition of discrimination in the future.

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28

Williams, Benton. "AT&T and the Private-Sector Origins of Private-Sector Affirmative Action." Journal of Policy History 20, no. 4 (October 2008): 542–68. http://dx.doi.org/10.1353/jph.0.0027.

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In January 1973, American Telephone & Telegraph, then the world's largest private-sector employer, entered into a Consent Decree with the United States Equal Employment Opportunity Commission. In this decree, following a fourteen-month dispute before the Federal Communications Commission,at&tagreed to implement specific goals and timetables for hiring women in traditionally male jobs, men in traditionally female jobs, and minorities in jobs in which they had been traditionally underrepresented.at&t's adoption of affirmative action immediately preceded the routine application of affirmative action hiring and promotion policies in large, private-sector U.S. firms regardless of federal contractor status. Nonetheless, the importance ofat&t's action remains misunderstood by critics and supporters of affirmative action alike.

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29

Ash, Michael, and James K. Boyce. "Racial disparities in pollution exposure and employment at US industrial facilities." Proceedings of the National Academy of Sciences 115, no. 42 (October 1, 2018): 10636–41. http://dx.doi.org/10.1073/pnas.1721640115.

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Proximity to industrial facilities can have positive employment effects as well as negative pollution exposure impacts on surrounding communities. Although racial disparities in exposure to industrial air pollution in the United States are well documented, there has been little empirical investigation of whether these disparities are mirrored by employment benefits. We use facility-level data from the US Environmental Protection Agency (EPA) Toxics Release Inventory (TRI) and the US Equal Employment Opportunity Commission EEO-1 database to assess the extent to which the racial and ethnic distribution of industrial employment corresponds to the distribution of exposure to air toxics emitted by the same facilities. The share of pollution risk accruing to minority groups generally exceeds their share of employment and exceeds their share of higher paying jobs by a wide margin. We find no evidence that facilities that create higher pollution risk for surrounding communities provide more jobs in aggregate.

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Burrell, Darrell Norman, Anton Shufutinsky, Shanta Bland, Cherise M. Cole, Jorja B. Wright, Margie Crowe, Amalisha Sabie Aridi, and Judith-Jolie Mairs-Levy. "A Case Study of a Hospital Workplace Culture of Injustice for Women Physicians." International Journal of Patient-Centered Healthcare 10, no. 1 (January 2020): 15–36. http://dx.doi.org/10.4018/ijpch.2020010102.

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Decades after the U.S. Equal Employment Opportunity Commission (EEOC) issued regulations surrounding sexual harassment, hospital medical centers still struggle to identify and implement policies and practices to proactively address and mitigate occurrences of sexual harassment and gender inequality. An organizational development intervention occurred in which all the female physicians completed a climate survey developed to evaluate the hospital's toxic corporate culture around equity and diversity. Survey responses highlight significant issues of concern around diversity and inclusion from the perspective of women in toxic workplace hospital settings, especially for female physicians.

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31

Herbert, Ari. "Portlandia, Ridesharing, and Sex Discrimination." Michigan Law Review Online, no. 115 (2016): 18. http://dx.doi.org/10.36644/mlr.online.115.portlandia.

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This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.

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Herbert, Ari. "Portlandia, Ridesharing, and Sex Discrimination." Michigan Law Review Online, no. 115 (2016): 18. http://dx.doi.org/10.36644/mlr.online.115.portlandia.

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This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.

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33

Juban, Rusty, and Lara Gardner. "To File or Not to File? How EEOC Claims Change with the Economy." Labor Studies Journal 45, no. 3 (January 6, 2020): 296–318. http://dx.doi.org/10.1177/0160449x19897403.

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Discrimination and sexual harassment are pervasive problems in today’s organizations. Traditionally, individual variables such as justice and power are used to study an employee’s response to discrimination or sexual harassment. In this study, we propose the use of economic variables (unemployment and economic health) to explain when an individual is more likely to make a discrimination or sexual harassment charge. Using monthly data from the U.S. Equal Employment Opportunity Commission on discrimination charges, we find there is strong evidence that U.S. economic conditions play an important role in the number and types of complaints filed.

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34

Kim, Sang-Joon, and Jung-Jin Kim. "Developing an Analytical Framework to Evaluate the Implementation of Affirmative Action: A Case of the State of Florida." Korean Academy of Organization and Management 46, no. 4 (November 30, 2022): 75–102. http://dx.doi.org/10.36459/jom.2022.46.4.75.

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In this study, we explore the ways to capture the extent to which a given locale embodies the values of affirmative action, i.e. equal employment. In particular this study employs the concept of employment availability to figure out whether firms in a certain locale tend to comply with the affirmative-action guidelines. Given this concept, we define disparity as the proportion of female employees in the total locale population employed, deviated from the availability level. Along with this, we consider a measure of concentration, which refers to the extent to which the employment in a locale is occupied by a certain gender. By combining these two indices, we develop an analytical framework to evaluate the implementation of affirmative action. As an illustration of the analytical framework, we employ the database from the U.S Equal Employment Opportunity Commission (EEOC). Specifically, by using the data of the state of Florida, the availability is measured based on demographic statistics; the indices of dispatiy and concentration are calculated; then how the locales of Florida show their implementation of affirmative action is analyzed with these two combined indices. Based on the analyses and from the implications from them, we contend that the analytical framework for measuring the affirmative-action implementation can be used to evaluate how equal employment is achieved; particually, we suggest that this analytical framework is applicable to the Korean context.

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35

Hersch, Joni. "Compensating Differentials for Sexual Harassment." American Economic Review 101, no. 3 (May 1, 2011): 630–34. http://dx.doi.org/10.1257/aer.101.3.630.

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Workplace sexual harassment is illegal, but many workers report that they have been sexually harassed. Exposure to the risk of sexual harassment may decrease productivity, which would reduce wages. Alternatively, workers may receive a compensating differential for exposure to sexual harassment, which would increase wages. Data on claims of sexual harassment filed with the Equal Employment Opportunity Commission are used to calculate the first measures of sexual harassment risks by industry, age group, and sex. Female workers face far higher sexual harassment risks. On balance, workers receive a compensating wage differential for exposure to the risk of sexual harassment.

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36

Hunt, Valerie H., Larra Rucker, and Brinck Kerr. "Reconsidering Sex-Based Occupational Segregation and Agency Missions: An Analysis of U.S. State Bureaucracies (1987-2015) Using Two Different Thresholds." Administration & Society 52, no. 3 (March 19, 2019): 431–65. http://dx.doi.org/10.1177/0095399719836741.

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We examine Equal Employment Opportunity Commission data (1987-2015) to determine whether sex-based occupational segregation among administrative and professional workforces is related to state agency policy missions. Based on two thresholds, the customary 30% benchmark and the 50% benchmark of parity, the findings indicate segregation is related to policy missions. The 30% benchmark suggests a story of widespread progress across state bureaucracies. The 50% benchmark suggests less progress, especially, in police, fire, corrections, utilities, natural resources, and highways. The authors argue it is important to use multiple indicators to assess the progress of women in the workplace.

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37

Kristl Davison, H., and Mark N. Bing. "Obesity: Disability or Public Health Crisis?" Industrial and Organizational Psychology 6, no. 1 (March 2013): 96–99. http://dx.doi.org/10.1111/iops.12016.

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In their article, Ruggs, Law, Cox, Roehling, Wiener, Hebl, and Barron (2013) address a number of underresearched groups that are subject to discrimination. We applaud the authors for calling attention to the neglected groups in the study of discrimination. However, it is likely that researchers have neglected some of these groups for practical reasons as the discrimination against these groups is either less intense or less widespread. For example, religious discrimination has accounted for between 2% and 4% of Equal Employment Opportunity Commission (EEOC) charges, whereas race and sex discrimination together have accounted for approximately 65% of discrimination charges (EEOC, 2012a).

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McNier, Howard E. "Ethical Implications For Attorneys Involved In Extraterritorial Application Of The Civil Rights Acts." Journal of Diversity Management (JDM) 4, no. 1 (January 1, 2009): 13–22. http://dx.doi.org/10.19030/jdm.v4i1.4948.

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Globalization of business has increasingly involved American attorneys in an ethical dilemma which is not just academic, but may result in disciplinary action against the attorney. What is counsel to do when it is discovered that overseas employment practices (legal in the foreign country) violate American law? May counsel, citing current case law, ethically advise management that discharge of a troublesome employee may be effected "legally" by simply transferring the employee overseas, then firing her? These ethical issues can be put in sharp focus by reviewing a provision of the 1991 Civil Rights Act (CRA) that extends application of the 1964 CRA to cover American citizens working overseas for American owned or controlled firms. Expansive interpretation of this by the Equal Employment Opportunity Commission (EEOC) has ensnarled over 21,000 overseas businesses with the threat of being sued, in the United States, for employment practices committed outside of the United States.

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Akhtar, Zia. "Discrimination in employment, religious symbols and the “actual knowledge” of the employer." International Journal of Discrimination and the Law 19, no. 2 (April 15, 2019): 125–49. http://dx.doi.org/10.1177/1358229119837470.

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The Title VII of the US Civil Rights Act of 1964, 42 U.S.C. section 2000e, et seq., as amended (“Title VII”), prohibits employers with at least 15 employees (including private sector, state, and local government employers), as well as employment agencies, unions, and federal government agencies, from discriminating in employment based on race, color, religion, sex, or national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an Equal Employment Opportunity investigation. The US Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit workplace discrimination and it has intervened by the federal body to prevent religious discrimination by corporations which seem to be breaching the law by discriminating against their employees. In EEOC v. Abercrombie & Fitch 575 U.S. ____ (2015), the US Supreme Court held that a religious practice of an employee should be accommodated if it does not cause “undue hardship.” The Court then formulated the principle that applicant does not have to show that the employer had “actual knowledge” of the applicant’s need for accommodation. Instead, the Court held that “an applicant need only show that his need for an accommodation was a motivating factor in the employer’s decision.” This has given the scope to a Chapter VII definition that stops short of strict liability but binds the employer to facilitate the employee where religious symbols are concerned. This article reviews the recent case law on discrimination in the work place and the disparate treatment test interpreted by the Supreme Court in the framework of employment law for religious employees and argues that the employer’s actual knowledge requirement depends upon the circumstances of each case.

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Unger, Darlene D., Phillip D. Rumrill, and Mary L. Hennessey. "Resolutions of ADA Title I Cases Involving People who are Visually Impaired: A Comparative Analysis." Journal of Visual Impairment & Blindness 99, no. 8 (August 2005): 453–63. http://dx.doi.org/10.1177/0145482x0509900802.

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A comparison of Americans with Disabilities Act (ADA) Title I case resolutions by the Equal Employment Opportunity Commission (EEOC) involving people who are visually impaired with those involving all other people with disabilities between 1993 and 2002 revealed that people who are visually impaired are more likely than are other complainants to receive settlement benefits from their employers, to withdraw their complaints after they receive benefits without intercession from the EEOC, and to receive administrative closures. In addition, they are less likely than other complainants to have charges resolved by the issuance of a right-to-sue letter from the EEOC and to receive other closures.

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Diem, Sarah, and Jeffrey S. Brooks. "“Integration was a Solution, but Integration does not Address Quality Education”: A Conversation about School Desegregation with Dr. Michael A. Middleton." Teachers College Record: The Voice of Scholarship in Education 115, no. 11 (November 2013): 1–11. http://dx.doi.org/10.1177/016146811311501108.

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Dr. Michael A. Middleton is Deputy Chancellor of the University of Missouri–Columbia. He is an expert in civil rights and employment discrimination and served as lead counsel for plaintiffs in the St. Louis metropolitan school desegregation litigation. Dr. Middleton previously served as director of the St. Louis District Office of the U.S. Equal Employment Opportunity Commission (EEOC). He was also an associate general counsel at the EEOC in Washington, DC for three years. During this time, he managed the commission's national litigation program and supervised 250 attorneys at 22 district offices in federal court litigation activities. He has held several other high-level government positions, including deputy assistant secretary of education at the U.S. Department of Education; director of the Office of Systemic Programs at the EEOC; and assistant deputy director of the Office for Civil Rights at the Department of Health, Education, and Welfare. As deputy chief counsel and director of the Government Employment Project for the Lawyers’ Committee for Civil Rights Under Law in the early 1970s, Middleton handled civil rights litigation focusing on voting rights and government employment throughout the South. He began his career as a trial attorney for the U.S. Department of Justice Civil Rights Division, where he actively litigated several major employment discrimination cases in the federal courts across the country. On February 15, 2013, we sat down with Dr. Middleton to discuss the history, current status, and future of school desegregation.

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Bruyère, Susanne M., Sarah von Schrader, Wendy Coduti, and Melissa Bjelland. "United States Employment Disability Discrimination Charges: Implications for Disability Management Practice." International Journal of Disability Management 5, no. 2 (December 1, 2010): 48–58. http://dx.doi.org/10.1375/jdmr.5.2.48.

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AbstractIt is 20 years since the passage of the Americans With Disabilities Act, yet employment and economic inequities continue for people with disabilities. The purpose of this article is to inform and encourage disability management leading practices to contribute toward reducing these disparities. The approach is an examination of where in the employment process applicants and incumbent employees perceive employment disability discrimination, leading to the filing of charges against an employer. Employment disability discrimination claims filed by individuals over 15 years (1993–2007) with the United States (US) Equal Employment Opportunity Commission or state and local Fair Employment Practice Agencies are studied. The authors analyse employment discrimination charges by year, basis (i.e., protected class characteristics, such as disability, age, or race), issue (i.e., actions of the employer, such as discharge, hiring, or harassment), employer characteristics (i.e, size of business and industry sector), and joint filings under Title VII of the Civil Rights Act (gender, race/ethnicity, and religious discrimination) and the Age Discrimination in Employment Act (ADEA). Special attention is paid to where in the employment process people with specific impairments are perceiving discrimination. Implications of these research findings for the practice and administration of disability management and employer policies are discussed.

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International Labour Law Reports On, Editors. "UNITED STATES OF AMERICA: Federal Supreme Court Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. 135 S.Ct. 2028 (2015)." International Labour Law Reports Online 35, no. 1 (November 21, 2017): 151–56. http://dx.doi.org/10.1163/22116028-90000120.

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Viwweswaran, Kamala. "Diaspora by Design: Flexible Citizenship and South Asians in U.S. Racial Formations." Diaspora: A Journal of Transnational Studies 6, no. 1 (March 1997): 5–29. http://dx.doi.org/10.3138/diaspora.6.1.5.

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Is the warm reception given Dinesh D’Souza’s writing not in part due to the place he occupies as a member of a “model minority” seen as increasingly important to political conservatives like Phil Gramm? I wonder. I have been equally struck by the fact that under the second Reagan administration, one of the most prominent members of the Equal Employment Opportunity Commission, the agency charged with monitoring and investigating claims of racial discrimination, was Joy Cherian, an Indian immigrant. More recently, I have contemplated the role Pakistani-American M. Ali Raza played (in 1994) in asking California State Attorney Quentin Kopp for an opinion on the affirmative action hiring policies in the California State University system.

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Reese, Catherine C. "The Status of Public Sector Pay Equity for Women of Color in the United States." Review of Public Personnel Administration 39, no. 4 (March 20, 2018): 594–610. http://dx.doi.org/10.1177/0734371x18761123.

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Research by Reese and Warner and Llorens, Wenger, and Kellough assesses the relative pay of women in the United States. However, research on the relative pay of women of color remains scant. What kinds of factors predict relative pay for women of color, and are they the same as for White women? The author utilizes ordinary least squares (OLS) regression on an Equal Employment Opportunity Commission (EEOC) panel data set on public sector employment by state to analyze the pay of Black, Hispanic, Asian, and American Indian women relative to men for 2005-2013. The author reaffirms that whether a woman lives in a state that has implemented a major gender pay equity measure is a significant factor determining her relative pay. Furthermore, the intersectional nature of public sector pay for women of color is numerically verified. Women fare better in states where they are descriptively represented in terms of gender and race/ethnic group.

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Akinrinade, Eniola O. "Caught Between a Rock, Negligence, Racism, and a Hard Place." Texas A&M Law Review 2, no. 1 (September 2014): 135–58. http://dx.doi.org/10.37419/lr.v2.i1.5.

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In many instances, employers have an obligation to conduct criminal background checks on their applicants to ensure that the public that comes into contact with these employees shall not be harmed. In other instances, these criminal background checks are unnecessary as they prove to be of little relevance, yet they have the effect of causing a disparate impact within certain Title VII-protected classes, including Black Americans and Hispanics. To resolve this disparate impact, the Equal Employment Opportunity Commission (“EEOC”) has set forth non-biding guidance, proposing an assessment of “Green Factors” that employers should consider before denying an ex-convict employment. In following this guidance, the EEOC aims to create equal employment opportunities for all job applicants including those with criminal histories. While this guidance and these Green factors play a large role in furthering societal benefits, many employers have raised objections to the recent EEOC guidance. Employers argue that the guidance creates a “catch-22,” forcing the employer to choose between being liable for negligent hiring and being liable for violating Title VII. Because the EEOC guidance furthers fundamental societal interests, it should remain in effect. Nevertheless, the guidance must be amended in order to clarify its ambiguous language concerning “business necessity,” which will then resolve the catch-22 conflict that employers currently experience.

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Jimmi, Jimmi, and Windi Mawadah. "Discrimination Analysis of the Main Character in Movie Crazy Rich Asians." PIONEER: Journal of Language and Literature 13, no. 2 (December 31, 2021): 213. http://dx.doi.org/10.36841/pioneer.v13i2.1273.

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The objective of this research is to explain the types of discrimination shown by the main character in her society and to identify the effects that main character experienced after being discriminated. This research used descriptive qualitative method to analyze the movie. The subject of this paper was movie Crazy Rich Asians by Jon M Chu. The data analysis was conducted using U.S. Equal Employment Opportunity Commission theory reference. By the process of the analysis, it was that harassment, national origin discrimination, race/color discrimination, and religious discrimination were experienced by the main character. Not only that, the researchers found four types of effects experienced by a person after being discriminated, which are marginalization, disempowerment, low self-esteem and self-identity, and aggression or criminality.

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Reichenberg, Neil E. "Pay Equity in Review." Public Personnel Management 15, no. 3 (September 1986): 211–31. http://dx.doi.org/10.1177/009102608601500301.

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This article provides an overview of pay equity as well as an update of recent developments concerning this issue. The article summarizes the arguments advanced by pay equity advocates and opponents. There is a discussion of the leading court decisions which is organized as cases brought before and after the United States Supreme Court's landmark decision in the case of County of Washington v. Gunther, 452 U.S. 161 (1981). The position of the Reagan Administration, as set forth by the Department of Justice and the Equal Employment Opportunity Commission also is summarized. The article includes a description of the legislation pending before the 99th United States Congress along with state legislative developments. The final section of the article is a pay equity bibliography.

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Fitch, Nancy Elizabeth. "A selected bibliography on the fair employment practice movement, title VII, and the U.S. Equal Employment Opportunity Commission—1942 through 1984 with related executive orders and federal legislation." Government Publications Review 13, no. 5 (September 1986): 591–615. http://dx.doi.org/10.1016/0277-9390(86)90051-8.

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Finkle, Todd A., Robert A. Figler, and Kenneth A. Dunning. "West Point Market: Managing a Challenge from the EEOC." Entrepreneurship Theory and Practice 25, no. 3 (April 2001): 71–88. http://dx.doi.org/10.1177/104225870102500305.

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Russell Vernon, a second-generation owner and manager of West Point Market in Akron, Ohio, must decide whether to settle, go to court, or reconcile (mutually agreeable solution) with the Equal Employment Opportunity Commission on an allegation of racial discrimination. He firmly believes that he is innocent. If he chooses to reconcile or settle the case out of court, he could be construed as a racist. If he chooses to go to court and loses, he may lose his family business. This emotionally charged situation is presented as a management decision that must be based on an analysis of the facts. The case is especially interesting due to the perceptions that students have of “the role of governmental agencies” and “the use of racial-based quotas in the workforce.”

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