Lesson 3: Equal Employment Opportunity (EEO) and the Law - PDF

 Subject: Human Resource Management Professor: Mr. Mark Gerald Sarong Lesson 3 **Equal Employment Opportunity (EEO) and the Law Part 1** **Employment Discrimination** -- is the unjust or prejudicial treatment of different categories of people or things specifically on the...

 Subject: Human Resource Management Professor: Mr. Mark Gerald Sarong Lesson 3 **Equal Employment Opportunity (EEO) and the Law Part 1** **Employment Discrimination** -- is the unjust or prejudicial treatment of different categories of people or things specifically on the basis of their age, race, gender, and religious beliefs. **Two Categories of People Protected by EEO Laws** 1. **Protected Classifications** -- category of people who are lawfully protected against employment discrimination based on their age, gender, skin color, ethnicity, and physical or mental disability. 2. **Protected Groups** -- sub-categories of people within each protected classification. **Court Definition of Discrimination** 1. **Intentional Discrimination or Disparate Treatment** -- This is a kind of unlawful discrimination wherein the employer makes a gesture that intentionally treats an individual differently on the basis of some form of criteria. 2. **Unintentional Discrimination or Disparate Impact** -- This is an indirect type of discrimination whereby a policy or standard that is work-related gives unequal chances to individuals from various protected groups. **Equal Employment Opportunity vs. Affirmative Action** - EEO seeks to guarantee that anyone, despite his age, color, disability, sex, religion, national origin, or race has an equal chance of employment based on his or her qualifications inventory. Affirmative action goes beyond EEO by compelling employers to take certain steps to provide those in a protected group a fair chance for employment. This is done to eliminate the adverse effects of past discriminatory practices on the current workplace practices in terms of recruitment and selection. **EEO Legislations** - **RA No. 7277 - An Act Providing For The Rehabilitation, Self-Development And Self-Reliance Of Disabled Person And Their Integration Into The Mainstream Of Society And For Other Purposes** **TITLE TWO: RIGHTS AND PRIVILEGES OF DISABLED PERSONS** - **SECTION 5**. Equal Opportunity for Employment - **SECTION 6**. Sheltered Employment - **SECTION 7**. Apprenticeship - **SECTION 8.** Incentives for Employer - **SECTION 9.** Vocational Rehabilitation - **SECTION 10.** Vocational Guidance and Counselling - **SECTION 11**. Implementing Rules and Regulations - **RA No. 7877 -- Anti-Sexual Harassment Act, 1995** - Under RA 7877, work, education, or training related sexual harassment is "committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any person who, having authority, influence or moral ascendancy** **over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted or not by the object of said act." **How is work-related sexual harassment committed?** **Work-related Sexual Harassment is committed when:** - The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee - The above acts would impair the employee's rights or privileges under existing labor laws; or - The above acts would result in an intimidating, hostile or offensive environment for the employee. **How is education or training-related sexual harassment committed?** **Education or Training-related Sexual Harassment is committed:** 1. Against one who is under the care, custody or supervision of the offender; 2. Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender; 3. When the sexual favor is made a condition to the giving of a passing grade, or granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or 4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. **2 Types of Sexual Harassment** - **Quid Pro Quo Sexual Harassment** - This Happens when a manager demands sexual intimacy from a subordinate or a possible hire in exchange for employment. - **Hostile Environment** - This can take place when unsolicited criticisms and actions interfere with the employee's performance and well-being or has created a disrespectful or insulting work environment for the harassed employee. **What is the duty of the employer of head of office in a work or education/training environment?** The employer or head of office is required by the law to prevent the occurrence of sexual harassment acts and to provide the procedures for the resolution, settlement or prosecution of sexual harassment. Towards this end, the employer or head of office shall: 1. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or student or trainees, through their duly designated representatives. Said rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions thereof. 2. Create a Committee on Decorum and Investigation (CODI) of cases on sexual harassment. The committee shall conduct meetings or as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. **What if the employer or head of office did not undertake any action despite his/her knowledge of the sexual harassment act/s?** - The employer or head of office, educational or training institution will be held liable for the damages arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet no action has been undertaken. **Can an offended party seek redress by taking an independent action?** - Yes, the offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief. **What are the penalties for offenders?** - Any person who violates the provisions of the law shall be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten Thousand Pesos (P10,000) nor more than Twenty Thousand Pesos (P20,000), or both such fine and imprisonment at the discretion of the court.