Equal Employment Opportunity Regulations

The US equal Employment Opportunity Commission (EEOC), a federal agency, was established by Title VII of the Civil rights Act 1964 and began its opertaion on July 2 1965. As mentioned above EEOC enforces six stautues to eradicate the discrimiantory actions in the workplace and to prvide equal employment opportunity to each naf every persons irrespective of their class and creed. The EEOC lays down the rules and regulations prohibiting employment discrimination on the basis of race,color,religion,sex or national origin through the Civil Rights Act of 1964.

The Age discrimination in Employment Act 1967 prohibits employment discrimination against the persons 40 years of age and older. EEOC forwards the regulations prohibiting discrimintaory action based on gender in compensation for substantially similar work. Title I and Title V of the American with Disabilities Act 1990 ensures equal employment opportunity to all the disabled persons employed in private, state or local government. The amended version the civil rights act 1991 provides monetary damages in the cases of intentioanl discrimination.

Moreover, Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, prohibit Federal agencies from discriminating in employment against qualified individuals with disabilities and require agencies to accommodate the special needs of persons with disabilities. EEOC has laid down cerain regulations to ensure the protection against employment discrimination to certain employees who were not previously covered through the Government Employee Rights Act of 1991.

Usually the enforcement of legislations occurs through investigation; alternative methods of dispute resolution, conciliation, coordination, and regulation, litigation as well as by education, policy research, and other types of assistance. As per the President’s National regulatory principles EEOC forward some regulations, which are helpful to inform employees employers their rights and duties under the various statutes. EEOC is currently considering one significant action of a regulatory nature.

It has been published for public comment. There are two proposed plans introduced by the EEOC recently. The first of the regulatory plan introduced by EEOC is the Disparate Impact Under the age discrimination in employment act. (38) The Supreme Court affirmed the aspect of disparate impact in Smith v. City of Jackson, 544 U. S. 228 (2005)(39) as the cognizable theory of discrimination under the ADEA. However, the court cleared that the employers can forward a defense based on reasonable factors other than age.

The EEOC has interpreted the ADEA as a statute prohibiting an employment practice that has a disparate impact on the persons within the protected age group if there is no defense of buisiness necessity. Another important regultory practice of the EEOC is the Genetic Information Non Discrimination Act and it consists of exersise of genetic information in the work place. On May 21 2008, the president signed the Genetic Information Non Discrimination Act (GINA). The Act allows a number of tests, which can inform the individuals whether they are at risk for developing specific disorders or disease. (40)