Equal Employment Opportunity (EEO) Compliance
Debra Milstein Gardner began her career working for the federal Equal Employment Opportunity Commission. Using this experience, she helps private sector employers proactively develop programs, policies, and procedures to ensure fair and non-discriminatory employment practices.
How does EEO affect your company?
There are many state and federal laws that address different forms of discrimination. All private employers with more than 15 employees are prohibited from discriminating against employees and applicants based on their race, gender, religion, national origin/ethnicity, color, age, and disability. At the federal level, the Equal Employment Opportunity Commission has oversight responsibilities for EEO laws; however, many state and local EEO laws expand the federal protections. Employers with 100 or more employees or who are federal contractors must file an annual EEO-1 report. For a list of the 10 EEO-1 categories, click here. For a sample EEO-1 report, click here
How can we help your company comply with the many EEO laws? We can:
- Custom design and facilitate training on respectful workplace behavior, employment laws, supervisory skills, diversity and inclusion, performance management, recruiting and interviewing skills. We believe in stimulating your employees by creating interactive educational programs.
- Investigate and resolve charges of discrimination. We believe that this process involves three factors: (1) a thorough investigation of the allegations and circumstances surrounding the issues, (2) a neutral evaluation of the facts and evidence and (2) and a clear understanding of your business dynamics.
- Provide consultation on “hot” employment issues that could be a precursor to a discriminatory complaint. We are always on-call to advise you through these difficult situations.
- Offer Spanish translation or interpreting services. We believe that it is crucial to have your company communications written and spoken in the manner in which all employees can understand. This may include translating your employment application, employee handbook or interpreting oral presentations and training.
Overview of the Lilly Ledbetter Fair Pay Restoration Act
The Ledbetter Act, signed by President Obama, on January 29, 2009 (retroactive to May 28, 2007), amends Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act to address charge-filing periods based on the discriminatory compensation action. The charge filing periods would begin when: (1) a discriminatory compensation decision or practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by an application of a discriminatory compensation decision. It is possible that the statute of limitations may restart each time an employee receives a paycheck where the pay was based on a discrimination compensation decision. The pay discrimination claims can be filed even after retirement when the retiree receives each annuity check. Also, family members affected by the discriminatory compensation practice may become plaintiffs and could file a suit even after the affected individual is deceased.
It is expected that the broadened statute of limitations for wage disparity claims will increase the number of pay discrimination complaints and subsequent litigation.
Be prepared and let us help you identify potential pay inequities before a claim is filed. We can also evaluate your compensation administration and policy materials for areas of potential liability.
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Statistics
By 2050, the minority population is projected to be 235.7 million out of a total U.S. population of 439 million. The Hispanic population is projected to nearly triple, from 46.7 million to 132.8 million during the 2008 - 2050 period. Its share of the nation's total population is projected to double, from 15% to 30%. The Black population is projected to increase from 41.1 million (14% of the population in 2008) to 65.7 million (15% in 2050). The Asian population is projected to grow from 15.5 (5.1%) million to 40.6 (9.2%) million. American Indians and Alaska Natives are projected to rise from 4.9 million to 8.6 million. Native Hawaiian and other Pacific Islander population is expected to more than double, from 1.1 million to 2.6 million. People identifying themselves as being of two or more races is projected to more than triple, from 5.2 million to 16.2 million. The percentage of the population in the "working ages" of 18 to 64 is projected to decline from 63% in 2008 to 57% in 2050. The working age population is projected to become more than 50% minority in 2039 and be 55% in 2050 (up from 34% in 2008). Also in 2050, it is projected to be more than 30% Hispanic (up from 15% in 2008); 15% black (up f rom 13% in 2008); and 9.6% Asian (up from 5.4% in 2008).
Source - U.S. Census
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