Equal Employment Opportunity

Learning Outcomes:

At the end of session, the students should be able to:

1. Compare the rights of a person - be it their ethnicity, disability, or
gender and their security in their work places
2. Critique the rules and conventions of employment

3. Examine the different types of sexual harassment, different issues

and problems concerning labor, the responsibilities and duties of
labor organizations, and the social responsibilities of a good
corporate manager such as making themselves aware of employee
rights, observing and respecting these rights.
4. Acquire competencies to combat employment irregularities.
Equal Employment Opportunity
 involvesthe right of persons to apply
and be evaluated from employment
opportunities without regard to race,
color, religion, age, national origin,
sex, disability, or status of a disabled
Affirmative action
 A policy designed to redress past discrimination against
women and minority groups through measures to
improve their economic and educational opportunities;
 The term affirmative action refers to policies that take
race, ethnicity, physical disabilities, military career, sex,
or a person's parents' social class
 A policy or program providing advantages for people of a
minority group who are seen to have traditionally been
discriminated against, with the aim of creating a more
egalitarian society through preferential access to
education, employment, health care, social welfare, etc.
 Policies of governments and other institutions that are
designed to actively promote and advance the status and
the social and occupational participation of groups of
people designated by sex, ethnicity or other shared
characteristic
Job Discrimination
 Refers to the unjust act of differentiating
one group of people not on the basis of
personal merit but on the basis of partiality
or bias.
◦ Laws protect employees from receiving unequal
treatment on the basis of race, gender, age,
citizenship, national origin, religion, marital
status, disability, or labor union activity. When
employers use these factors against their
workers, they have committed employment
discrimination.
Critique the following advertisement:

 WANTED:

 Sales Clerk
 18-25 years old
 Female
 Single
 Roman Catholic

 With pleasing personality

 Fluent in speaking Ibanag, Filipino and English

 BSBA graduate or a graduate of any business-

related course
Types of Job Discrimination
 Age Discrimination
 Age discrimination refers to an employer making
hiring or promotion decisions based on the employee's
age, according to the EEOC website. This practice is a
violation of the Age Discrimination in Employment Act
(ADEA), which protects people who are 40 and over. An
employer cannot choose to hire an employee because
the selected candidate is younger than others who
competed for the job. During an interview process,
employers should not ask the applicant's age, or the
company risks being accused of age discrimination,
particularly if that person is not hired for the job.
 Unequal Pay
 It is important for employers to recognize that
employees of similar qualifications, education
and skill, should receive equal pay, as stated on
the EEOC website. According to the Equal Pay
Act, male and female employees with similar
roles and responsibilities should be paid
equally. If there is a need to pay unequal wages
to employees, the company should have
significant justification to show the reason.
 Sex Discrimination
 Any conduct deemed as sexually inappropriate,
including the expectation of sexual favors in exchange
for employment benefits, is considered sex
discrimination. Insensitive and seemingly harmless jokes
or comments could land the employer in trouble with the
EEOC. Employers are also prohibited from discriminating
against female employees, or terminating their
employment, due to pregnancy. Companies are required
to investigate allegations of sexual harassment, and all
discrimination complaints, and prevent hostile work
environments by providing ongoing training for current
staff and new employees.
 Stereotypes Against women
 There are fields of occupation, which are traditionally suitable
for women because of their “sensitive, vulnerable and fragile”
nature
 There are types of work, which may not be fitting to women
due to their biological condition like monthly period
 The inability of women to cope up with certain job
requirements since their common gender personality and
aptitude traits make them unsuitable for those jobs
  
 Note: Such generalizations about women are not only biased or
prejudicial but also untrue. Because of wrong person, women
are not assigned to the tasks traditionally directed to men and
the result is that some women are never given the necessary
break to prove themselves (Burchell and Fagan, 2004)
 Employees with Disabilities
 Terminating an employee or not hiring an applicant, because
of a medical illness or physical disability violates the laws
mandated by the EEOC, according to their website. The
Americans with Disabilities Act (ADA) requires employers to
provide reasonable accommodations for employees with
disabilities. This allowance includes temporary adjustments to
work schedules or job duties.

 Race, Color, or National Origin

 Employers working with diverse employees should be careful
not to display any behavior that could be discriminatory based
on race, color, or national origin. Comments, jokes or
statements that draw unwanted attention to an employee
based on any of these factors could be considered
discriminatory.
What Constitutes Discrimination in
the Workplace?
 1. Protected Class
 Discrimination only applies to legally protected
classes of people. Federal law--laws passed by
the U.S. Congress that applies in all states)--
protect against many types of discrimination,
including pregnancy, age, disability, race, color,
national origin, gender and religion. Most states
also have laws that protect the same classes of
people. Additionally, many states also protect
against sexual orientation discrimination.
 2. Tangible Action
 The most common type of discrimination is

called "tangible employment action." Tangible

employment action occurs when an employee
experiences a significant change in
employment status. This would include such
actions as refusing to hire, demoting,
refusing to promote, refusing to grant a raise,
diminishing pay or terminating.
 3. Harassment-
 The other most common type of discrimination is
referred to as either harassment or hostile work
environment. Harassment occurs when the employer
or a manager or supervisor of the employer makes
comments or physical gestures that are outrageous
and abusive to an employee within a protected class.
Legitimate discrimination claims based on hostile work
environment often include repeated slurs, derogatory
language or physical contact. The actions must be
severe and pervasive enough that a reasonably person
would find the workplace abusive and hostile.
4. Illegal Connection
 Discrimination is sometimes difficult to discern because
the discriminator action must be directly connected to
the protected class. If an employer is demeaning and
verbally abusive, but the employer's actions have no
connection to the employee's protected class, then the
employer has not committed discrimination. For
example, if an employer yells at a female employee,
talks down to the female employee and refuses to
promote the female employee, but the employer never
says or does anything to reasonably suggest that the
employer is acting that way because the employee is a
woman, then the employer has not discriminated
against the employee.
What Are the Causes of
Discrimination in the Workplace?
 Discrimination in the workplace is upheld through a
system where decision-making power is maintained
by one particular group. Non-compliance to
affirmative action causes discrimination.

 1. Identification - Discrimination factors are race,

color, religion, sex (including pregnancy), national
origin, age (40 or older), disability or genetic
information. These factors cause discrimination
when used to determining applicant status,
promotion potential or disciplinary action.
 2. Pre-employment Screening- Credit rating or
economic status can adversely affect an
employment application. The employer must
prove this is essential to the position when
soliciting this information.

 3. Benefits- Other causes for workplace

discrimination are an abusive relationship of
employer and employee through the granting of
breaks, leave approval and work station
assignment.
 4. Universal Human Rights-"Everyone has the right to
work, to free choice of employment, to just and favorable
conditions of work and to protection against
unemployment . Everyone, without any discrimination,
has the right to "equal pay for equal work," as stated by
the Universal Declaration of Human Rights. A violation of
these individual rights causes unlawful discrimination.

 Safe Working Conditions - Physical and psychological

safety are basic human rights. Forced labor, an unsafe or
toxic work environment , and unreasonable work hours
cause workplace-related discrimination.
 Manager's Duties Against Discrimination
 The manager of an organization has a legal
and moral obligation to fight discrimination in
the workplace. His duties include, following
directions given by the Equal Employment
Opportunities Commission, implementing
policies and procedures in line with the Civil
Rights Act and dealing with any concerns or
complaints members of staff have regarding
discrimination in the workplace.
 1. Civil Rights
 It is the manager's legal duty to implement company
policy that follows both federal and state legislation.
Title 7 of the Civil Rights Act 1964, provides that there
shall be no discrimination in the workplace based upon,
race, color, religion, sex or national origin. The Equal Pay
Act of 1963, states that workers should be paid equally
and fairly and gender is not a valid reason for variations
in pay. It is the responsibility of the manager to keep
abreast new developments in discrimination law and any
amendments made to existing legislation. Failure to
fulfill this duty can result in severe criminal punishments
personally and for the company
 2. Follow Advice From the Equal Employment
Opportunity Commission
 The Equal Employment Opportunity Commission, to
monitor and enforce discrimination laws in the
workplace. The Commission will examine a company's
procedures and policies and make suggestions for
improvement. Failure of the manager to follow these
suggestions can result in the Commission enforcing
civil penalties, such as implementation of a positive
discrimination program. Positive discrimination
programs seek to repair any imbalance by hiring more
of the discriminated minority.
 3. Deal With Complaints and Concerns
 The manager is responsible for dealing with any concerns
that a member of staff has regarding discrimination. She
has a duty to investigate every reported case. This involves
interviewing those involved with the discrimination, any
direct witnesses and reviewing any CCTV footage that may
exist. The manager has a duty to prepare a written report,
which can be used as evidence in a court of law if
necessary. The manager has a moral duty to protect the
interest of the person experiencing discrimination and
protect their identity as far as possible. If the matter
cannot be resolved within the company, the manager has a
duty to report the discrimination to the authorities if it is
serious, or to provide information and assistance for the
employee to seek help.
What are the Ethical Principles
involved in Job Discrimination?
 Discrimination in the workplace is wrong and socially
irresponsible because of the following reasons:
1. Discrimination in hiring is disservice in the long run.
2. It is actually double jeopardy
3. Most importantly, it is wrong to discriminate a group or an
individual by reason of ethics.
4. When business discriminates, it consciously or unconsciously
affirms that one group is inferior or subordinate to another
group.
 Example: people from the province are less qualified than
those coming from the city; or USLT graduates are more
qualified than SPUP; French employees are better than
Filipinos.
 This is a violation of the fundamental right to be treated as
equals!!!!
Labor Contractualization
Contractualization
 refers to the replacement of regular workers
by temporary workers who unlike the former
are not given benefits, do not accumulate
seniority and could be easily terminated.
 Also known as casualization of labor,
flexibilization of labor, or even
informalization of labor, this could only mean
mass termination of workers and massive
unemployment and underemployment.
 Contractualization: A Bane to Women Workers

 Contractualization is a bane to women

workers. It may provide them employment
but only for a short term; its deleterious
effect on their lives and livelihood is more
far-reaching and long term. The result of the
three year research of CWR on women and
contractualization attests to this.
Effects on workers regardless of sex
1. Contractualization further depresses the
already very low wages of workers
2. Contractualization further reduces the time
workers spend for the family.
3. Contractualization brings down the workers'
self-esteem
4. Contractualization nurtures and reinforces the
already prevailing culture of docility
(submissiveness) and subservience that have
been inherited from the feudal-patriarchal
culture introduced by Spanish colonizers.
Specific effects on Women
1. Contractualization further aggravates
discrimination among women
2. Contractualization ignores the special needs
of women especially those pregnant and
with monthly period.
Contractualization:
 Denies the workers with security and benefits
of regular job
 Promotes the evil of lack of job security
 It is a form of under employment, thus it is

socially irresponsible
 Taken as a business strategy validated to be

cost effective
 NOTE: The basic foundation for full employment is the 1987
Philippine Constitution protecting the right to full employment in
the following provision:
 Article 13, Section 3. “The State shall afford full protection to labor,
local and overseas, organized and unorganized and promote full
employment and equality of employment opportunities for all”

 Thus, we can safely assume that both able and physically

challenged persons have the right to earn a living by a meaningful
occupation, a job worthy of the free and thinking person.
 The basic human right to work and earn a legitimate means of
livelihood entails a solemn duty on the part of private business
sector and the government to provide ample opportunities for
adequate and full employment.
Anti Sexual Harassment
 Sexual harassment- form of unlawful sex
discrimination, which includes unwanted verbal or
physical behavior of a sexual nature that occurs in
the workplace or in an educational setting under
certain conditions.
 -always an unsolicited and unreciprocated behavior
 -illegal if it creates an environment that is hostile or
intimidating, if it interferes with a person’s work or
school performance, or if acceptance of the
harasser’s behavior is made a condition of
employment or academic achievement
 -form of discrimination
2 Types of Sexual Harassment
1. Sexual Coercion – explicitly or implicitly
made as a condition for favorable decisions
affecting one’s employment, gain, or loss of
tangible job benefits.
2. Sexual annoyance - not directly related to
anyone’s employment, still creates an
intimidating, hostile, or offensive
environment in the workplace.
 Sexual Harassment
Sexual Misconduct
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature
plus

 Quid Pro Quo Hostile Environment


 (Latin phrase-something for  Conduct has purpose or

something else) effect

 Submission to such conduct of (1) unreasonably
(1) is made a term or interfering
condition of employment or with work performance or
(2) forms a basis for (2) creating an
employment decisions intimidating,
affecting that individual hostile, or offensive
environment

Employer is liable if knew or

should have known
Employer is always liable and failed to take appropriate
corrective action
Philippine Anti- Sexual Harassment Act of 1995

 defines Sexual harassment as “The sexual favor

made as a condition in the hiring or in the
employment, reemployment or continued
employment of said individual, or in granting
said individual favorable compensation, terms,
conditions, promotions, or privileges; or the
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.”
 Strictly speaking, Sexual harassment is sexual
coercion, a condition for favorable decisions
affecting one; job. In a strict legal sense,
Sexual harassment could be committed by
somebody having authority or moral
ascendancy over another- usually by male
superior.
Manifestations of Sexual harassment
1. Verbal harassment- consists of lewd
comments or remarks, offensive jokes, or
outright propositions.
2. Physical form- range from a naughty
glance, leering, kissing and intentionally
brushing against a person to pinching,
touching, and any sexual assaults.
3. Visual form or Use of objects or pictures
 The European Commission Code of Practice (1993)
presents a list, which may include the following:

 Touching including pats, hugs or akbay, cuddles, kissing

or beso-beso, fondling, pinching and staring
 Standing too close, bending over or extending legs or
bodies over desks
 Leering, watching women go up open staircases, making
persistent eye contact
 Gestures using hands, tongue, mouth, pieces of
instrument, and fondling of private parts
 Suggestive comments about one’s body, clothes,
personal lives, partners
 Innuendoes, sexist or lewd remarks or jokes
 Display of sexually explicit materials. Sexual or sexist
telephone calls, fax messages, e-mail, graffiti, letters, or
notes
 Difference between verbal sexual harassment and
compliment
  
 Compliment- produces a good feeling so much so
one wants the interaction to go on
 Verbal Sexual harassment- more on the behavior
that is coercive, unsolicited, and embarrassing on
the part of the victim
  
 NOTE: Sexual harassment is not based on the
perpetrator’s good feeling but on the victim’s bad
feeling. A compliment produces a good and
healthy feeling on the receiver while verbal sexual
harassment definitely produces a diseased feeling.
 Note: The Philippine Anti-Sexual Harassment Act
of 1995 makes sure that accountability falls both
on the harasser and the employer. It imposes a
DUTY on the employer to prevent or deter any
commission of acts of sexual harassment. For when
an employer fails to act after knowing the
commission of offense, he/she will be held liable in
solidarity for damages arising from the acts of
sexual harassment. If found guilty, the offender is
penalized by imprisonment from one to six months
ranging from P10,000 to P20,000 or both at the
discretion of the Court.
Consequences of SH
 Socio-emotional Damage
1. Psycho-emotional stress

2. A degrading aftermath

3. Self-doubt

4. Breakdown of relationship

 Economic Consequences
1. Loss of income

2. Interruption of one’s career

3. Forfeiture of benefits
Ethical Principles Violated by SH
1. It is a dishonor to human dignity and a
direct transgression to basic human rights
2. right to be treated with respect
3. Right to a good working environment
4. Right to equal opportunity
5. Right to job security
 Note:
 When ignored, SH can exact a high cost to the

company in terms of:

1. Loss of productivity
2. High absenteeism among affected employees
3. Disruptions of work
4. Retraining of new workers because of high
turnover
5. Low morale
6. Tarnished corporate public image
7. Tangible cost associated with legal suits
 SOCIAL RESPONSIBILITIES of MANAGERS
 It is management’s legal and social responsibilities to carry out a strict
policy against SH.
  
 ECCP defines the following duties:
1. To explain and positively promote the policy to their staff
2. To ensure a working environment free of visual forms of sexual
harassment
3. To be alert to any practice of verbal forms of harassment and ready to
take necessary action accordingly
4. To be responsive and supportive to any member of staff who complains
about it
5. To ensure complete confidentiality in dealing with all cases of SH
6. To ensure full and clear advice on the procedure
7. To deal with cases promptly
8. To provide additional appraisal and counseling sessions to staff
member who have difficulty in a accepting and implementing the policy
9. To attend training sessions related to SH
Thank you!