Equal Opportunity and the Law in the United States

Equal Employment Opportunity Laws
Author’s Name
Institutional Affiliation
Equal Employment Opportunity Laws in America
Introduction
Equal requires that each person should be treated in the same manner, without discrimination due to artificial prejudices or prejudices or barriers, except in situations that are specifically justifiable. Several debates have erupted on the equal concept. However, the aim of the concept is that employment opportunities have to be allocated to the most qualified people with the ability to perform well in the provided task. The idea of equal chance in the context of human resource development ensures that employment is not allocated to an individual for irrelevant or arbitrary reasons, like economic status, race, sex, upbringing, ethnicity, and religion or involuntary individual attributes like age, disability, sexual orientation, and gender. Chances of success should be availed for each interested individual; in that, they should be accorded equal competition platform within the context of achieving goals and the legislation. The idea is to eradicate arbitrariness from the process of selection and create a pre-meditated fairness basis, with the assessment procedure being linked to the position to be filled, and emphasizing legal and procedural methods. Equal opportunity in employment requires that people should ether fail or succeed by their efforts and not advantageous circumstances like race, economic status e.t.c. The debate on equal chance has progressed over the years, the paper studies the progress of equal chance over the years, outlining the various developments made by the Equal Employment Opportunity Commission (EEOC) established in 1964 (Lieberwitz, n.

d.).
The Timeline for Equal Opportunity
In 1961, the United States President John F. Kennedy’s issued an executive order (E.O) and utilized equal opportunity for the very first time in American history. The executive order was an instruction to federal contractors, directing them to take affirmative action and ascertain that applicants are equally treated without discrimination regarding colour, race, sex, religion, or nationality. The president also established the Commission on Equal Employment Opportunity. In 1964, the Civil Rights Act was approved by the Congress and signed by President Lyndon B. Johnson. The Civil Act of 1964 was a landmark law barring employment discrimination by organizations with more than 15 workers, whether or not they are allocated contracts by the government. President Johnson also established the Equal Employment Opportunities Commission (EEOC). In 1965, President Johnson issued an executive order with a requirement that all subcontractors and contractors are working with the government to take up the equal opportunity programs and spread opportunities of employment to the minorities. He also developed the Office of Federal Contract Compliance Programs (OFCCP) in the Labour Department for the administration of the order. In 1966, President Johnson made an amendment to the executive order and made an inclusion of women’s equal opportunity; both federal subcontractors and contractors to make initiatives in good faith to spread opportunities of employment for both minorities and women. Between 1970 and 1971, under President Richard M. Nixon, the Labour Department issued an order allowing flexible timetables and goals to make an adjustment on the underutilization of women and minorities by government contractors (“Equal Opportunity Timeline,” 2004).
The administration of President Nixon went ahead and made other several adjustments in the issue of equality in employment. President Nixon addressed the issues of the countrywide country program known as Minority Business Enterprise (MBE) and Memorandum-Permissible Timetables and Goals in the practices of local and state government between 1772 and 1973. The strategic development of laws on equal employment opportunities after the administration of Nixon has been progressive detailing laws on employment equality based on race, religion, culture, disability, sexual orientation and economic backgrounds among other issues (“Equal Opportunity Timeline,” 2004).
The Laws under Equal Employment Opportunities Commission
The Civil Rights Act of 1964 illegalizes discrimination based on colour, race, national origin, religion, or sex. The law also illegalizes the retaliation against an individual because of discrimination complaints, charges, or an accomplice in a lawsuit or investigation on employment discrimination. The act also stipulates that employers should reasonably put up with employees’ and applicants’ religious practices deemed sincerely held unless acting so would affect the operations of the business. The Pregnancy Discrimination Act was an amendment to the Civil Right Act illegalizing the discrimination of based on childbirth, pregnancy, or a medical status linked to childbirth or pregnancy. The 1963 Equal Pay Act (EPA) illegalizing different wage rates among women and men performing similar duties within the same organization. The Age Discrimination in Employment Act (ADEA) enacted in 1967, safeguards individuals aged above 40 from being discriminated due to their age. The American Disability Act (ADA) of adopted in 1990 prohibits discriminating a disabled person who is qualified for a position in both the local and state administrations and the private sector. The law stipulates that; employers should logically accommodate the identified mental and physical limitations of a qualified but disabled applying for or employed in a position within the organization. However, considerations are reserved for how such a decision impacts the operations of the business (“Laws Enforced by EEOC”, n.d.).
The Civil Rights Act amendment made in 1991 leading to the incorporation of section 102 and 103 in the Americans with Disabilities Act (ADA) permitting jury trials, punitive damage and compensatory awards in discrimination cases deemed intentional. The Genetic Information Nondiscrimination Act was enacted in 2008 and became effective in 2009; the law illegalizes the discrimination of applicants or employees based on genetic information. Genetic information covers information on individuals and their families’, and their health status information as well including data on any disorder, disease, or health condition of the family members of an individual (“The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission”, 2016).
The United States laws on equal employment opportunities and antidiscrimination is a complex body of laws, which have over the years expanded and grown complex with each ongoing judicial interpretations and amendments. From the view of formal equality, these laws have greatly enhanced the inclusion of minorities and women in America in the employment world. However, the achievement of substantial equality remains out of reach. Social movements have played a crucial role in the development of the Equal Employment Opportunity laws. The steps outlined in the development of equality in the American employment sector are affordable and imperative. Americans cannot afford to move away from the safety of the vast majority. Given the central position held by the EEOC in the advancement of the laws of the 1964 Civil Act, the agency’s previous experiences with progressive cases and its initiative to develop structural reforms of employment equality is important in the forthcoming advancement of Employment Equality laws in America (Schlanger & Kim, 2013). The largely contested issues of first generation cases due to discrimination are largely resolved, the contemporary discrimination issues are more difficult to identify and subtle, yet the framework of the modern workplace makes it nonetheless tremendously compelling. Effective workplace adjustment initiatives do not require conflicts but collaborations.
References
The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission. (2016). National Archives. Retrieved 17 December 2016, from https://www.archives.gov/education/lessons/civil-rights-act
Equal Opportunity Timeline. (2004). The Leadership Conference on Civil and Human Rights. Retrieved 17 December 2016, from http://www.civilrights.org/equal-opportunity/timeline.html?referrer=https://www.google.com/?referrer=http://www.civilrights.org/equal-opportunity/timeline.html?referrer=http://www.civilrights.org/equal-opportunity/timeline.html?referrer=https://www.google.com/
Laws Enforced by EEOC. Eeoc.gov. Retrieved 17 December 2016, from https://www.eeoc.gov/laws/statutes/
Lieberwitz, R. Employment Discrimination Law in the United States: On the Road to Equality?(1st ed., pp. 5-15). Retrieved from http://www.jil.go.jp/english/events/documents/clls08_lieberwitz.pdf
Schlanger, M. & Kim, P. (2013). The Equal Employment Opportunity Commission and Structural Reform of the American Workplace. Repository.law.umich.edu. Retrieved 17 December 2016, from http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1199&context=law_econ_current