Equal Employment Opportunity

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Equal Employment Opportunity

Introduction

The United States law requires every business operating in the United States to comply with the Equal Employment Opportunity law and accordingly not to discriminate against any individual or person part of a group on the basis of race, ethnicity, age, sex, sexual orientation, or national origin. If an employer operating in the United States will be found to be discriminating against any employees with respect to hiring, firing, or their promotion then that employer can be brought to court for this illegal action.

Furthermore, the employers are required to formulate only those employment policies that conform to the existing legislation regarding employment. Also, the employers are not allowed to advertise or otherwise promote any such illegal employment policies of theirs. The employers are also required to avoid any discrimination based on any of the factors. However, if the employers are found to be engaged in any of the practices that prima facie appear as discriminatory and contrary to the prevalent laws, then such employer will need to show the business necessity or the other specific requirement that forced the employer to adopt such discriminatory practice. For example, the job descriptions of the relevant jobs must be defined as such so as to require a discriminatory recruitment. In this case, the employer will still have to face the courts or the Equal Employment Opportunity Commission of the United States.

Equal employment opportunity

The company Gelato Cheese has hired all whites for its cleaning services in its factory. Therefore, it becomes necessary to understand whether the company is in violation of the Civil Rights Act, 1964. Further, it has been found that the white population of the area Heartland Corners is high school graduated to the tune of three-fourths of the total population. On the contrary, the remaining population of the geographic area is only 25% those who have completed high school.

In this way, it becomes necessary to determine whether the employer is engaged in discriminatory employment practices. The Article VII of the Civil Rights Act, 1964 states that the employer cannot discriminate against any race or ethnicity through its employment practices. Here it becomes clear that the employer is engaged in discriminatory employment practices as it has failed to hire any non-white cleaning worker when the area has 25% availability of labor for cleaning services that are non-white. Hence, the employer is engaged in adverse impact such that it has caused adverse impact on the high school graduate non-white population of the area. It has effectively failed to employ the non-white population of the area which is equally fit for the cleaning job (“Adverse impact,” 2008).

Furthermore, the employer is also responsible for disparate treatment. The employer has effectively failed to employ the non-white population in its cleaning services and therefore it has discriminated against the white and other non-white population on the basis of their ethnicity. The Article VII of the Civil Rights Act, 1964 prohibits any such discrimination on the basis of race, ...