Discrimination Based on Sex

DISCRIMINATION BASED ON SEX : DISCRIMINATION BASED ON SEX Ohio Department of Administrative Services Equal Opportunity Division


FEDERAL LAWS AND REGULATIONS : FEDERAL LAWS AND REGULATIONS Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of sex. It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Source: http://www.eeoc.gov/types/sex.html U.S. Equal Employment Opportunity Commission


FEDERAL LAWS AND REGULATIONS (continued) : FEDERAL LAWS AND REGULATIONS (continued) Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related. Source: http://www.eeoc.gov/types/sex.html U.S. Equal Employment Opportunity Commission


STATE OF OHIO CODES : STATE OF OHIO CODES The Administrative Rule 123:1-49 provides guidance and leadership to administer the state of Ohio Equal Employment Opportunity program and the internal discrimination complaint process. The Ohio Revised Code Section 4112 prohibits any act of unlawful discriminatory practice in employment.


STATE OF OHIO GUBERNATORIAL EXECUTIVE ORDERS : STATE OF OHIO GUBERNATORIAL EXECUTIVE ORDERS Gubernatorial Executive Order 99-25T Policy against Discrimination in State Employment prohibits employment discrimination against state of Ohio employees and classifications of persons that are not expressly protected by state or federal laws. Executive Order 99-04T Sexual Harassment Directive prohibits discrimination and harassment of applicants, customers, clients and employees.


FEDERAL EEOC DEFINITION OF SEX DISCRIMINATION : FEDERAL EEOC DEFINITION OF SEX DISCRIMINATION It is unlawful to discriminate against any employee or applicant for employment because of his/ her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Source: http://www.eeoc.gov/types/sex.html U.S. Equal Employment Opportunity Commission


EXCEPTIONS TO ALLEGED DISCRIMINATION : EXCEPTIONS TO ALLEGED DISCRIMINATION When work-related requirements are considered a business necessity. Bona Fide Occupational Qualification (BFOQ) if gender, religion or national origin is a BFOQ to perform the normal functions of the position. Union based seniority systems that are not designed to discriminate. Source: Human Resources Training Series HR Development and Training


EXAMPLES OF SEX DISCRIMINATION : EXAMPLES OF SEX DISCRIMINATION The Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. Title VII also prohibits compensation discrimination on the basis of sex. An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition or because of the prejudices of co-workers, clients, or customers. An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. Source: http://www.eeoc.gov/types/sex.html U.S. Equal Employment Opportunity Commission


EMPLOYEE RESPONSIBILITIES IN THE PREVENTION OF DISCRIMINATION : EMPLOYEE RESPONSIBILITIES IN THE PREVENTION OF DISCRIMINATION Employees should become familiar with their right to work in an environment free from employment discrimination. Employees should become acquainted with the agency’s policy and procedures for filing a complaint. Employees who are harassed should take appropriate steps at an early stage to prevent the continuation of the objectionable conduct. Source: http://www.eeoc.gov/types/sex.html EEOC Compliance Manual, Section 13 of the new Compliance Manual on 'National Origin Discrimination.'


AGENCY RESPONSIBILITIES IN THE PREVENTION OF DISCRIMINATION : AGENCY RESPONSIBILITIES IN THE PREVENTION OF DISCRIMINATION Employers should establish anti-discrimination policies and complaint procedures covering all forms of unlawful discrimination. An employer’s discrimination complaint process should be clear and made available to all employees. Source: http://www.eeoc.gov/types/age.html U.S. Equal Employment Opportunity Commission


EEOC STATISTICS ON SEX DISCRIMINATION : EEOC STATISTICS ON SEX DISCRIMINATION According to the federal EEOC, in Fiscal Year 2004, the EEOC received 24,249 charges of sex-based discrimination. The EEOC resolved 26,598 sex discrimination charges in FY 2004 and recovered $100.8 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). Source: http://www.eeoc.gov/types/sex.html U.S. Equal Employment Opportunity Commission


EEOC SUPREME COURT DECISION BASED ON SEX : EEOC SUPREME COURT DECISION BASED ON SEX EEOC v. Dial Corporations Armour Star Meat Packing: The lawsuit claimed that Dial’s use of a strength test, which required the repeated lifting of 35 pounds to a height of 65 inches, discriminated against women, since only about 40% of female applicants passed the test, while virtually all male applicants passed the test. Although women had successfully performed the jobs in the sausage making department before the test was implemented in Jan. 2000, Dial claimed that the test was necessary in order to reduce injuries. Source: http://www.eeoc.gov/press/9-29-05.html U.S. Equal Employment Opportunity Commission


EEOC SUPREME COURT DECISION BASED ON SEX(continued) : EEOC SUPREME COURT DECISION BASED ON SEX (continued) The case was tried before a jury that determined that Dial’s use of the test was intentionally discriminatory against women. Judge Longstaff ruled that the test was also illegal under Title VII of the Civil Rights Act of 1964 because it had a disparate impact against female applicants and was not justified by Dial’s business necessity. Each of the 52 victims has been made a job offer by Dial, and so far 14 have accepted the offers. Each of the 52 will receive back pay in amounts ranging from $2,400 to $164,500. Source: http://www.eeoc.gov/press/9-29-05.html U.S. Equal Employment Opportunity Commission


INTERNAL AND EXTERNAL RESOURCES FOR FILING COMPLAINTS : INTERNAL AND EXTERNAL RESOURCES FOR FILING COMPLAINTS If you believe you may have been subject to discrimination, you may file your allegation with one or all of the following enforcement agencies: DAS/ Equal Opportunity Division: The claim must be filed within 30 days of the alleged discriminatory incident. www.ohio.gov/das/eod. Ohio Civil Rights Commission: The claim must be files within 180 days of the alleged discriminatory incident. www.ohio.gov/crc. U.S. Equal Employment Opportunity Commission: The claim must be filed within 300 days of the alleged discriminatory incident. www.eeoc.gov


STATE AGENCY RESOURCES : STATE AGENCY RESOURCES For more information, you may contact your respective agency EEO Officer. http://das.ohio.gov/Eod/AAEEOEnfOff.htm


THANK YOU FOR YOUR ATTENTION! : THANK YOU FOR YOUR ATTENTION! The Ohio Department of Administrative Services, Equal Opportunity Division For more information, you may contact our office by phone (614) 466-8380 or http://das.ohio.gov/eod/