HUMAN RESOURCE MANAGEMENT

Discrimination in Recruitment and selection



Discrimination in Recruitment and selection

Introduction

The Equal Employment Opportunity Commission (EEOC) is a Government agency, which exists to protect each and every one us from employment discrimination based on race, colour, sex, national origin, religion, retaliation, age and disability. Individuals who feel that their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC. This paper will outline the complaint process and attempt to explain the civil litigation that may follow if the EEOC, through arbitration and mediation cannot settle a complaint.

Ethical and Legal Principles

According to the EEOC website, (U.K.EEOC, 2004) the first step in processing a complaint through the EEOC is to contact an EEO counsellor before even filing a complaint. This contact needs to take place within forty-five days of the matter alleged to be discriminatory. The counsellor is responsible for providing counselling to the individual making the complaint on how the EEO process works. The EEO counsellor then has thirty days from the date that the individual made contact with the Equal Employment Office to provide in writing to the individual his rights and responsibilities in the EEO complaint process. (U.K.EEOC, 2004)

After these requirements have been satisfied, there is a formal complaint process. According to the EEOC website, (U.K.EEOC, 2004), A complaint must be filed against the agency that allegedly discriminated against the individual within fifteen days of receipt of the Notice of Final Interview. The web site also states, "The complaint must be a signed statement from the complainant or the complainant's attorney, and contain the complainants (or representative's) telephone number and address. It must be sufficiently precise to identify the complainant and the agency, and describe generally the action or practice which forms the basis of the complaint (29 C.F.R. Section 1614.106, U.K.EEOC, 2004)."

An agency may dismiss an entire complaint prior to requesting a hearing. Here are a few of the reasons an agency may use: Failure to state a claim or stating the same claim that has been decided by the agency or the EEOC. Failure to comply with the time limits. Filing a complaint on a matter that has not been brought to the attention of an EEO counsellor and which is not like or related to the matters counselled. (U.K.EEOC, 2004)

A respondent agency is responsible for conducting a thorough investigation. The agency then provides an appropriate factual record that allows a reasonable fact finder to draw conclusions as to whether discrimination had occurred. There is a one hundred and eighty day time limit from the day the complaint was filed to complete the investigation. According to the EEOC's web site, "an agency may make an offer of resolution to a complainant who is represented by an attorney at any time after the filing of a complaint, but not later than the date an administrative judge is appointed to conduct a hearing (U.K.EEOC, 2004)."

If the complaint cannot be resolved, an administrative judge conducts a ...