Equal Employment Opportunity

-ByNeha Agrawal

Equal employment opportunity refers to the approach of the employers to ensure the practice of being fair, unbiased and impartial in the employment process.

The policy should cover all the employees of an organization whether permanent or temporary, contractual etc.

What is EEO? (Equal Employment Opportunity)

Constitution of India gives clear instructions on “Right to Equality” in all aspects

However, the term "Equal Opportunity Employment" was first given by President Lyndon B. Johnson when he signed Executive Order 11246 which was created to prohibit federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin. The scope of the order also covered the discrimination on the basis of the minority status.

History

EEO’s origin in India

Three main factors that led to development of EEO:

1. Changes in societal values2. The economic status of women & minorities3. Emerging role of government regulations

Development of EEO

Discrimination in employment refers to the any kind of prejudice, biasness or favoritism on the basis of:

Disability Race/ Color Religion National origin Age Gender Sexuality Pregnancy Marital status Minority status

Discrimination In Employment

With the globalization and the increasing size of the organizations, the diversity in the workforce is increasing.

People from diverse backgrounds, educational background, age groups, race, gender, abilities etc. come together to work for one organization.

Therefore, it is the responsibility of the employer (through effective HRM) to create an equality-based and discrimination-free working environment and practices.

Diversity In Workforce

No other regulatory area affects HRM as thoroughly as EEO. Implications in almost every activity in HRM Hiring Recruiting Training Terminating Compensating Evaluating Planning Disciplining Conflict Resolution

Implications of EEO

It helps to realize and respect the actual worth of the individual on the basis of his knowledge, skills, abilities and merit.

Equal employment opportunity is necessary to ensure:1. Fair access to all the people of all development opportunities.2. Create a fair organization, industry and society.3. Encourage and give disadvantaged or disabled people a fair chance to grow with the society.

Importance of EEO

The origin lies in the racial disparity within the USA. Civil conflicts in 1960s Whites Vs Black- Color discrimination. Gender prejudices

Several laws- strict regulations Specific Acts & codes for sexual harassment, disability,

age, pregnancy, minorities (religious), equal pay etc. Strong legal implications

EEO & International HRM

Indian legislature proves to be a protective umbrella as the Constitution of India itself guarantees equality.

It also directs towards equal right to work while forbidding any sort of discrimination in employment policies on basis of gender. This is materialized under Constitution of India as Article 14 ensures equality to women, while Article 15 specifically prohibits any discrimination on basis of gender.

Article 16 in this respect, proves to be most important one as it guarantees equality of opportunity in matters of employment or appointment to any office.

EEO- Regulations in India

The principles are equally applicable not only to public sector but also to private sector undertakings.

Art 39 (a) Urges the state to provides equal right to adequate means of livelihood to men and women.

Art 39 (d) Equal pay for equal work for both men and women.

In addition to the legislative and judicial activism, International Covenants and Conventions like Millennium Development Goals and Convention on the Elimination of Discrimination against Women (CEDAW) have also paved the path for development of the women in member countries like India.

EEO- Regulations in India

Act Name: The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation), Act 1995Act Title: Act No. 1 of 1996Enactment Date: 1st January, 1996

Act Name: The Equal Remuneration Act, 1976Act Title: Act No. 25 of 1976Enactment Date: 11th February, 1976

Legal Co-relation

Air India vs. Nargesh Mirza and C.B. Muthamma vs. Union of India have proved to be a breakthrough against such discriminatory employment policies in private sector undertakings. Here, the Supreme Court struck down discriminatory employment policies compelling female employees to obtain government permission before marriage and termination of service if she gets married or pregnant.

The Courts have even paved the path by quashing discriminatory provisions that imposed disadvantages on women. In such circumstances, the case of Maya Devi vs. State of Maharashtra has proved to be a landmark. Here the requirement of husband’s consent for wife’s application for public employment was struck down as an obstacle to women’s equality and economic justice.

A Few Cases

BOOKS: Human Resource Management- By John M Ivancevich

WEBLINKS: http://indiacode.nic.in/ http://www.ncbuy.com/reference/country/humanrights.html?code=

in&sec=5 http://recruitment.naukrihub.com/employment-opportunity.html http://www.paycheck.in/main/work-and-pay/women-paycheck/artic

les/equality-of-genders-at-workplace-some-thoughts http://www.un.org/womenwatch/daw/cedaw/ http://hanumant.com/WomenAndLaw.html

References

THANK YOU!!!