The History of EEOC
The civil rights movement was a fight by the African-Americans to seek social justice that occurred in the 1950s and 1960s. These movements were created to help them fight for their equal rights in U.S. law. Although the civil war had abolished slavery, it did not abolish racism as the blacks continued to be discriminated against. Having had enough of these prejudices against them, African –Americans, together with many whites, deployed and began the fight for equality that lasted for two decades. It was these civil rights movements that gave birth to the Civil Rights Act of 1964. A section of this Act, referred to as Title VII, creates the United States Equal Employment Opportunity Commission (EEOC), which is a 5(five) member, non-partisan committee. The different laws that govern the actions of EEOC are interpreted by the federal court system, most notably the Supreme Court.EEOC’s role in enforcing various Acts like the Civil Rights Act, Genetic Information Non-discrimination Act, Rehabilitation Act, and Executive order 11246 has been changing due to multiple amendments made over time. Hence the need for it to exist and even empowered more.
The Civil Rights Act of 1964
The Civil Rights Act banished public place segregation and employment discrimination that were based on an individual’s race, skin color, belief, gender, or nationality. On June 19, 1964, after a very long debate, the Civil Rights Act of 1964 was passed by the U.S. Senate. The vote that leads to the Act was 73 to 27. On July 2, the United States House of Representatives authorized the statement to be signed to law by President Lyndon B. Johnson. About 500 amendments were made to the bill. The Civil Rights Act of 1964 prevents prejudice in a comprehensive arrangement of private conduct with the inclusion of public accommodation, government facilities, and schooling (Weiss 2019). A section of the Act termed as Title VII warns against discrimination in employment based on race, gender, skin color, belief, and nationality. These have relevance to private employers, employment agencies, and labor unions. The Act forbids segregation in recruitment, employment, wages, business promotions, discipline, and more employment aspects. The blacks could no longer be denied services because of their skin.
Title VII of the Civil Rights of 1964 also created the Equal Employment Opportunity Commission (EEOC), whose purpose was to end the unlawful enrolment discrimination. The Act also prohibits using government funds for discriminatory organizations, gave the Office of Education authority to help in integration in school and forbid unequal use of voting requirements. Martin Luther, however, considered the Civil Rights Act as second emancipation. Later the Civil Rights Act was enlarged to include the disabled American citizens, the aged, and ladies in college athletics. It also provided a way for the two critical laws, that is, the Voting Rights Act of 1965, which forbid literacy examinations and more voting practices that were discriminative and Fair Housing Act of 1968, which forbid based on the selling, rental unit, and property funding. Even though the fight against racism was not over, the legal separation had been fought out in America.
Age Discrimination Act (1967)
Title VII of the Civil Rights Act prohibited discrimination in the workplace, depending on race, gender, religion, and nationality. Congress, however, decided to pass the Age Discrimination in Employment Act (ADEA) in 1967 to address the persisting discrimination. The Act prohibits discrimination against employees who are between 40 and 65 years old in the workplace. This was after noticing that the older people were losing their job skills due to long-term unemployment. These laws aimed to reduce these damaging effects (Sargeant 2016). The purpose of the Act was to encourage older people’s employment based on their skills and not age, to forbid capricious age discrimination in workplaces, and to assist employers and employees in dealing with problems arising due to age employment. It prohibits discrimination explicitly when employing job advancements, giving payments,terminations, and redundancy. Prohibits making statements based on age and denials of benefits to older workers. It also forbids mandatory retirement of employees at a certain age.
Even though the Age Discrimination in Employment Act (ADEA) was enacted to help protect employees who were older in the workplace, lawmakers recognize the need for various exceptions in this law is needed. Therefore, amendments have been made to the ADEA that the previous protections defined in the law (Sanghvi 2017). The Older Workers Benefit Protection Act (OWBPA) is one important amendment that was passed in 1990. This law offers protection to employees against being denied benefits because of their age. The EEOC is responsible for enacting and enforcing ADEA.
Americans with Disabilities Act (1990, 2008)
ADA’s history did not start in 1990 when it was signed; it, however, traces back a long time ago in the various towns and cities of the United States when disabled people started challenging obstacles in the community that kept them out of the activities in the society. It is also at that time that parents who had children with disorders started fighting against their children’s segregation. Local groups were formed to advocate for disabled people’s rights. ADA also started with the foundation of the Independent Living Movement that was against the idea of taking disabled individuals to institutions.
Americans with Disabilities was enacted in 1990. It is a law for civil rights that is against discrimination of people with disabilities in all aspects of general life with the inclusion of work, school, transport, and other public and personal areas open to everyone else. The responsibility of the law is to ensure that individuals with disabilities have equal rights with other people (Davis 2016). It protects people with disabilities in the same way protection is given to other people who face discrimination due to race, belief, gender, and nationality. The ADA has five sections or tittles that deal with different public living areas.
Title I (Employment). This title prohibits discrimination against disabled individuals in all employment aspects.
Title II (Public Services). Public services like the local government agencies should not deny services available to other people to people with disabilities.
Title III (Public Accommodations). Public facilities like retail stores and restaurants must also be available to the disabled.
Title IV (Telecommunications). Telecommunication organizations that give telephone services to the general public must contain telephone services for people who utilize telecommunication devices for the deaf (TTYs) or related devices.
Title V (Miscellaneous). This title has a variety of provisions related to ADA, which include its relationship with other laws and state immunity. It also contains the various states of a person that should not be considered as disabilities.
ADA was broadened in 2008 when the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law. This law was enacted on January 1, 2009. The ADAAA made various vital changes to the term “disability.” These amendments apply to all ADA titles.
Genetic Information Non-discrimination Act (GINA) (2008)
After a period of about 13 years of contentious congressional deliberation, GINA was passed in 2008 by the Congress. President George W. Bush then signed it into law. Unlike other civil rights that had been enacted to fight against discrimination, GINA was passed to prevent discrimination that people feared but had not yet been documented as occurring. GINA section 2(5) clearly states that the responsibility of the law is to protect the general public from discrimination and to help in their concern for potential bias and hence giving people permission to use genetic testing to their advantage together with research, developed therapies and new technology. The two main components of the Act are Title I, which prohibit discrimination based on an individual’s genetic information in health insurance and Title II, which prohibits discrimination on genetic information in employment.
GINA is majorly applied in personnel who take part in research studies (clinical Research). The Office for Human Research Protections (OHRP) that is within HHS provided the guide on how to use GINA in clinical research (“Genetic Discrimination” 2020). For the clinical researches to comply with GINA, consent forms should contain information on any risks that may occur while performing the research and a statement stating how the information obtained will be kept confidential. GINA, however, does not apply to employers who have less than 15 workers. Some individuals, however, considered GINA to be unclear on whether it was permissible or not to request for employee’s spouses’ genetic information and if workers could give inducements in exchange for their partner’s genetic information. EEOC made amendments to GINA on May 16, 2016, concerning the spouse issue on genetic information. The amendment states that it is permissible for wellness organizations to give limited inducements in reward or penalty form in exchange for their spouses’ genetic information when they see a disease or disorder in their spouses.
Rehabilitation Act (2008)
The Rehabilitation Act of 1973 as amended Rehab Act forbids discrimination against people with disabilities in organizations run by the government (federal) agencies, in businesses that receive financial help from federal agencies, in federal employment, and federal contractor’s employment practices.
Section 501
Being the largest employer in the nation, the Federal Government takes the responsibility of creating effective employment policies and activities that improve the United States’ idea opportunity for all. This, as per Section 501 of the Rehabilitation Act that forbids federal agencies from discrimination against disabled people who are qualified for employment and urges them to consider taking proactive steps to employ and retain them. In the U.S., the Equal Rights Employment Opportunity Commission (EEOC) has recently provided updates to strengthening Section 501. EARN wants to join EEOC in helping federal agencies attain their aims under them.
Section 503
This section prohibits both federal contractors and subcontractors from discriminating against individuals with disabilities during employment. These employers are instead required to take affirmative action to enroll, employ, and retain the disabled. These regulations make affirmative action stronger and help contractors in recruiting and hiring people with disabilities hence improving job opportunities for them. These regulations consist of changes to the nondiscrimination provisions that comply with the ADAAA of 2008.
Section 504
This section of the Rehabilitation Act of 1973 was the first to fight against discrimination of people with disabilities (Education& Fund 2018). It forbids discrimination against individuals with disabilities who receive help from the government and initiated the formation of the Americans with Disabilities Act (ADA). It works together with the IDEA to help protect disabled children and adults from segregation and discrimination in school, society, and workplaces.
Section 508
This section requires that information technology considers people with disabilities. Federal agencies dealing with information and communication should ensure that the information can be assessed by people with disabilities that are both in the public and employees ((“The Rehabilitation Act of 1973 (Rehab Act)” 2020). Although this is only aimed at federal agencies, numerous private employers have improved their standards to ensure that technology infrastructure can be accessed by both people with no disabilities and people with disabilities.
Executive order 11246(1965)
President Lyndon B. Johnson signed Executive Order 11246 on September 24, 1965. This was enacted to impose anti-discrimination and affirmative action requirements upon federal contractors. This was one year after he had signed the Civil Rights Act of 1964. Executive Order 11246 wasn’t the first step that the President had taken against discrimination in the workplace. On June 25, 1941, President Franklin D (Heneman&Kammeyer-Mueller 2003) Roosevelt signed Executive Order 8802 that prohibited discrimination based on race, skin color, religion, and nationality both in the federal government and defense industries. He further extended the Executive Order 8802 to federal contractors in Executive Order 9346.
In later years, President Truman founded a committee on Government Contract Compliance, and Eisenhower established the President’s Committee on Government Contracts that oversaw the compliance with the nondiscrimination provisions of Executive Order 8802. President John F. Kennedy then signed Executive Order 10925 on March 6, 1961. This order required for the contractors to affirm the employment of the applicants and also ensure that workers are treated during employment without discrimination. This Act also founded the Equal Employment Opportunity that advanced to EEOC under the Civil Rights Act of 1964.
Modifications
President Jimmy Carter combined all affirmative actions that had been enacted under America’s Department of Labour through Executive Order 12086 on October 5, 1978. Then Bush amended Executive Order 11246to Executive Order 13279 to give permission to those contractors who had been religiously affiliated to only employ people of a particular religion when deciding who to employ in works connected with religious activities. President Obama amended Executive Order II246 in the year 2014(“What is the Executive Order?” 2018). In Executive Order 13665, Obama forbids the federal contractors from fighting back employees who discussed or disclose information about their colleagues. In Executive Order 13672, President Obama prohibits discrimination based on gender by coverage contractors. Having shifted from a democratic country to a Republican, many individuals have questioned the effect of Executive order 11246 and, more specifically, the amendments made by Obama. On January 31, 2017, President Trump’s administration made it clear in a statement that Trump wasn’t going to repeal the Executive order 13672. He, however, rescinded the other Executive Order 13673 by Obama.
If a contractor failed to comply with the orders’ provisions, then their names will be published. If failed to comply with the nondiscrimination provisions of the contract, then the contractor will be terminated, suspended, or canceled from any contract they make. The will not be able to make contracts with other contractors.
Conclusion
The end of the civil war had only ended slavery in the United States. However, African-Americans continued to experience discrimination at workplaces, mainly because of their skin color. This led to the formation of various movements to fight against discrimination. The movements led to the formation of the Civil Rights Movements in 1964. The Civil Rights Movement formed the EEOC due to persisting discrimination. The EEOC was implemented to ensure equal rights of employees. Later the Age Discrimination Act was enacted to prohibit discrimination of individuals who were 40 years and above at workplaces. On seeing the discrimination against people with disabilities, the Rehabilitation Act was then enforced in 1973 to prohibit discrimination against people with disabilities in federal agencies. Executive Order 11246 was also implemented to prohibit discrimination in the workplace. These laws have greatly helped in the fight against discrimination of race, color, nationality, and religion. With this, people have been able to have more job opportunities despite their race or nationality. People with disabilities have also been given an equal right at workplaces, hence more job opportunities for them. With these acts and laws in place, the idea of “opportunity for all” has been achieved. This will lead to faster growth of the country, and people’s livelihoods will be improved. More anti-discrimination laws should also be implemented to help in the fight against discrimination.
References
Davis, L. J. (2016). Enabling acts: The hidden story of how the Americans with Disabilities Act gave the largest U.S. minority its rights. Beacon Press.
Education, D. R., & Fund, D. (2018). Section 504 of the Rehabilitation Act of 1973
Genetic Discrimination (2020 February 5).Retrieved from https://www.genome.gov/about-genomics/policy-issues/Genetic-Discrimination
Heneman, H. G., Judge, T., &Kammeyer-Mueller, J. D. (2003). Staffing organizations. New York: McGraw-Hill.
Milestones in the History of the U.S. Equal Employment Opportunity Commission. (2020 February 14) Retrieved from https://www.eeoc.gov/eeoc/history/35th/milestones/index.html
Sanghvi, A. (2017). Enforcing the ADEA: An EEOC Perspective.
Sargeant, M. (2016). Age discrimination in employment. Routledge.
The Rehabilitation Act of 1973 (Rehab Act). (2020 February 14).Retrieved from https://askearn.org/topics/laws-regulations/vietnam-era-veterans-readjustment-assistance-act/
Weiss, J. T. (2019). Civil Rights Act of 1964, Title VII. The Encyclopedia of Women and Crime, 1-3.
What is the Executive Order? (2018 February 19). Retrieved from https://hortonpllc.com/what-is-executive-order-11246/
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