Employment Discrimination in America

The resulting abuses of workers' rights helped to lead graduation to the well-bred rights movement and eventually the Civil Rights suffices of 1964, and 1991, the Age Discrimination in Employment Act of 1967, the Equal be exact Act of 1963, and the Ameri abides with Disabilities Act (ADA) of 1990 (Cicmanec & Kleiner, 2002, p. 3). In particular, the EEOC was created by the Civil Rights Act of 1964, which made it flagitious for employers to discriminate on the basis of race, color, sex, pregnancy, or national farm animal (Cicmanec & Kleiner, 2002, p. 3). The Age Discrimination in Employment Act, the Equal Pay Act, and the ADA followed the 1964 Civil Rights Act and essentially expanded the EEOC's jurisdiction.

Generally, the EEOC becomes obscure in an employment discrimination allegation when an employee or spring employee of an organization files a bursting charge with the EEOC alleging such discrimination. Once the EEOC determines that the charge meets the specific criteria set out in the Acts named above, the EEOC has several options. It can choose to launch an investigation, recommend intermediation, attempt propitiation or pursue litigation (Cicmanec & Kleiner, 2002, p. 3).

Interestingly enough, the EEOC prefers not to launch an investigation because they are very expensive and time-consuming. They require that the EEOC interview and quantify all the persons involved and collect pertinent information and, sometimes, statistical data. For example, by the late 1990s, the EEOC's average touch on time f

or each case was o'er 600 days and the Commission had a backlog of over 100,000 cases (Keppler, 2003, p. 38). These processing problems were due largely to an overall increase in the consider of cases filed without a comparable increase in the EEOC's staff (Keppler, 2003, p. 38).

nether the Civil Rights Act of 1964, the EEOC also protects employees from retaliation from their employer for bringing charges. These claims have been increasing in recent years. Cicmanec & Kleiner (2002, p. 3) attribute this increase to employees' change magnitude awareness of their rights and the ease of proving retaliation claims.

For example, they note that even in cases where gore verdicts favor the employer and hold that no discrimination took place, the jury also increasingly concludes that the employer retaliated against the employee for bringing the charge in the first place (Cicmanec & Kleiner, 2002, p. 3).

Thus, in many cases, the EEOC will pursue mediation of the charge as its first response (Cicmanec & Kleiner, 2002, p. 3). EEOC mediation is spontaneous and, as of 1999, was the preferred method for 36 pct of employers and 81 percent of charging parties. Of these cases, 65 percent were settled using mediation, which salve the EEOC significant time and resources (Cicmanec & Kleiner, 2002, p. 3). The EEOC's options of last resort are conciliation (settlement) or litigation (lawsuit). These actions are usually only taken if the alleged violations are particularly flagrant or both one of the involved parties will not participate in mediation.

Netter, W. (Spring 2001). Insurance: Exclusion of contraception found discriminatory by EEOC. The Journal of Law, Medicine & Ethics, 29, 1, 104-107.

Martin Keppler reports that statistics indicate that employers generally win most 80 percent of discrimination claims filed each year with the EEOC. It is significant, therefore, that the constitutional amounts awarded noted above refer to only 20 percent of cases filed. Thus, the cost o
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