E.E.

O In Pakistan

Recruitment Constraints &

Challenges

Strategic & HR Plans

Internal organizational policies
Organization Image
Job Requirements
Job attractiveness
Incentives
Recruiting costs

Recruitment Constraints &

Challenges

Affirmative Action Plans

Recruiter Habits
Environmental Conditions
Government influence, such as EEO
laws

What Is EEO . . . ?
Equal Employment Opportunity (EEO) is the right
of all persons to work and advance on the basis of
merit, ability and potential.
Making sure that workplaces are free from all
forms of unlawful discrimination and harassment,
&
Providing programs to assist members of EEO
groups to overcome past or present disadvantages

Major Outcomes of EEO

EEO is designed to achieve these outcomes:

a diverse and skilled workforce,

improved employment access and participation by

EEO groups, and

a workplace culture displaying fair workplace

practices and behaviors.

Fair practices and

behavior
EEO aims to achieve fair practices and behavior in the workplace,
including:
recruitment, selection and promotion practices which are open,
competitive and based on merit. This means the best applicant is
selected for the job,
access for all employees to training and development,
flexible working arrangements that meet the needs of employees
and create a productive workplace,
grievance handling procedures that are accessible to all
employees and deal with workplace complaints promptly,
confidentially and fairly,

Fair practices and

behavior
communication processes to give employees access
to information and allow their views to be heard,
management decisions being made without bias,
no lawful discrimination or harassment in the
workplace, and
respect for the social and cultural backgrounds of all
employees and customers

Laws Affecting Discriminatory

Practices

Laws Affecting Discriminatory

Practices
Legislation prohibiting discrimination on
the basis of race, sex, and national origin
before the 1964 Civil Rights Act
Civil Rights Act of 1866
Fourteenth Amendment to the Constitution

Civil Rights Act of 1964

Title VII prohibits discrimination in:
hiring
compensation
terms, conditions or privileges of employment

based on:

race
religion
color
sex
national origin

Applies to any organization with 15 or more

employees.

Civil Rights Act of 1964

Griggs v. Duke Power Company (1971)
demonstrated that selection criteria must be directly
relevant to the job.

Equal Employment Opportunity Act (EEOA)

Granted enforcement powers to the EEOC

Equal Employment Opportunity Commission

(EEOC)
The arm of the federal government empowered to
handle discrimination in employment cases

Civil Rights Act of 1964

Affirmative Action
Reflect the 1972 premise that white males made up the
majority of workers
Companies in the 70s were still growing and could
accommodate more workers
Minorities should be hired to correct past prejudice
Legal and social coercion were necessary to bring
about change

Involves:
analyzing current work force demographics
establishing goals and timetables for correcting
imbalances

Civil Rights Act of 1964

Controversy and criticism of preferences in employment
for protected groups is causing legislative bodies to take a
second look at Affirmative Action.

Adverse (disparate) impact

An apparently neutral employment practice that
creates an adverse impacta significant disparity
between the proportion of minorities in the available
labor pool and the proportion hired.
occurs when there is a greater rejection rate in an
occupation for a protected group (those protected under
discrimination laws) than for the majority group.

Adverse (disparate) treatment

Intentional discrimination where an employer treats
an individual differently because that individual is a
member of a particular race, religion, gender, or
ethnic group.

Laws Affecting Discriminatory

Practices
1965-Executive Order (E.O.) 11246
Prohibits discrimination on the basis of
religion, color, and national origin

Affects
Federal agencies
Those working under federal contracts

Laws Affecting Discriminatory

Practices
Age Discrimination in
Employment Act of 1967
protects those 40 and older
eliminates mandatory
retirement and the arbitrary
replacement of older workers
with younger workers
provides for oversight in
pension and benefit issues

Laws Affecting Discriminatory

Practices
Pregnancy Discrimination
Act of 1978
Employment decisions may
not be based on an
individuals pregnancy
Must treat pregnancy as any
other short-term disability
Supplemented by various
state laws

Laws Affecting Discriminatory

Practices
The Americans with Disabilities
Act of 1990 (ADA)
Extends protection of Vocational
Rehabilitation Act to most forms of
disability status (including AIDS and
other contagious diseases).
Requires companies to make
reasonable accommodations for
qualified applicants and employees.
Covers private companies and all
public service organizations.

Laws Affecting Discriminatory

Practices
The Family and Medical Leave
Act of 1993
Employees in organizations employing
50 or more workers can take up to 12
weeks unpaid leave each year for
Childbirth
Adoption
Own illness or illness of a family member

Employees must meet eligibility

requirements to be covered.
Employers must meet certain
communication requirements under
the Act.

Laws Affecting Discriminatory

Practices
1969-Executive Order 11478
Amends E.O. 11246
Practices in the federal government must be
based on merit
Prohibits discrimination based on:
Political affiliation
Marital status
Physical handicap

Laws Affecting Discriminatory

Practices
Civil Rights Act of 1991
Passed after Supreme Court decisions diminished
effect of Griggs decision.
Prohibits racial harassment
Reinforces illegality of making hiring, firing or
promotion decisions on basis of race, ethnicity, sex or
religion
Permits women and religious minorities to seek
punitive damages in intentional discriminatory claims
Included the Glass Ceiling Act

Guarding Against Discrimination

Practices
Sources to Determine Potential
Discriminatory Practices
The 4/5ths Rule
Restricted Policy
Geographical Comparisons
McDonnell-Douglas Test

Guarding Against Discrimination

Practices
The 4/5ths Rule
If the protected groups hiring rate is less
than eighty percent (80%) of the majority
group, then a prima facie case for
discrimination is indicated.

Guarding Against Discrimination

Practices
Restricted Policy
An employers hiring practices exclude a
protected groupwhether intentionally
or not.
E.g., laying off employees over age 40 while
recruiting younger workers

Guarding Against Discrimination

Practices
Geographical Comparisons
A comparison of the
percentage of a minority/
protected group and white
workers in the organization
with the percentage of
corresponding groups in the
relevant labor market.

Guarding Against Discrimination

Practices
McDonnell-Douglas Test
A test for disparate (intentional) treatment situations
in which the applicant was qualified but the employer
rejected the person and continued seeking
applicants.

Conditions for applying McDonnell-Douglas

The person belongs to a protected class.
The person applied and was qualified for the job.
The person was rejected despite qualification.
After rejection, the position remained open and the
employer continued seeking applications from
persons with the complainants qualifications.

Responding to an EEO
Charge
Employers should discontinue practices
which cannot be defended.
Practice reinstated only after
Careful study
Practice is modified, if necessary

Three defenses:
Business necessity
Bona Fide occupations qualifications
Seniority System

Responding to an EEO
Charge
Business Necessity
A defense created by the
courts that requires
employers show that there
is an overriding business
purpose (i.e., irresistible
demand) for a
discriminatory practice.

the right to expect employees to

perform successfully
shown by demonstrating that
selection criteria are job-related

Responding to an EEO
Charge
Bona Fide Occupational Qualifications
Can be use when job requirements are
Reasonably necessary to meet the normal
operation of that business or enterprise
Title VII exceptions
Sex
Age
Religion

Responding to an EEO
Charge
Seniority Systems
Decisions that adversely affect protected
group members may be permissible if:
Based on well-established and consistently
applied seniority systems

Equal Employment Opportunity Versus Affirmative Action

Equal employment opportunity

Aims to ensure that anyone, regardless of
race, color, disability, sex, religion, national
origin, or age, has an equal chance for a job
based on his or her qualifications.

Affirmative action
Requires the employer to make an extra
effort to hire and promote those in a
protected group that results in measurable,
yearly improvements in hiring, training, and
promotion of minorities and females in all
parts of the organization.
2005 Prentice Hall Inc. All
rights reserved.

230

Current Issues in
Employment Law
What is Sexual Harassment?
Unwanted activity of a sexual nature that affects an
individuals employment
Prohibited under Title VII as sex discrimination

Sexual harassment can occur where: verbal or

physical conduct toward an individual:
(1) creates an intimidating, offensive, or hostile
environment
(2) unreasonably interferes with an individuals work
(3) adversely affects employees employment
opportunities.

Current Issues in
Employment Law

Are Women Reaching the Top of

Organizations?
Comparable worth - determining fair pay for both
female-oriented jobs and male-oriented jobs
based on comparable skill, effort, and
responsibility.
Glass ceiling - lack of women and minority
representation at the top levels of organizations.
OFCCP has glass ceiling initiative.
Promotes career development
for women and minorities.
Looks for such in its audits.

HRM in a Global
Environment

Laws affecting Human

Resource Management vary
greatly by country.
Canadian laws closely parallel
those in the U.S.
In Mexico, employees more
likely to be unionized.
Australias discrimination laws
not enacted until the 1980s

Importance of EEO in
Pakistan
As EEO is not implemented in its original form
in Pakistan, therefore, as a result all most each
and every organization is affected by it. It is
important to know ones right in organization
regarding EEO, because here in Pakistan
nepotism and favoritism is given preference
over merit.

EEO Laws in Pakistan

Objectives Resolution 1949
Wherein the principles of democracy, freedom,
equality, tolerance and social justice as enunciated by
Islam shall be fully observed

1973 Constitution
Article 11 of the Constitution prohibits all forms of
slavery, forced labor and child labor.
Article 17 provides fundamental right to exercise the
freedom of association and the right to form unions.

EEO Laws In Pakistan

The protection against Harassment of women at
the workplace Act 2010.
National Policy for Persons with Disabilities 2002.
Women Rights through Pakistan Factories Act
1934, Pakistan Penal Code, Women Protection Bill
2010;
Equal Employment through Constitutions Article
27 & 345 and Pakistan Civil Rights Act 1964.
Maternity Benefits :Constitution of Pakistan
1973, Pakistan Maternity Benefit Ordinance 1958,
ILO Maternity Database

EEO Laws In Pakistan

Child Care Benefits: Pakistan Factories Act
1934
Restriction to Work on Specific Traits:
Pakistan Factories Act 1934
Violence Against Women & Sexual
Harassment: Pakistan Penal Code Art. 375 &
376
Article 25 Equality of citizens:
All citizens are equal before law and are
entitled to equal protection of law.
There shall be no discrimination on the
basis of sex alone.
Nothing in this Article shall prevent the

CONCLUSION
In Pakistan, major challenge for EEO is not legislation, but
implementation. Implementation necessitates a broad-scale
education and appreciation of EEO philosophy for the
competitiveness and very existence of an organization on
micro and macro levels.
Government as well as organizations must initiate an EEO
program starting with the education of the policy makers, and
the employees in general so that they can understand the
rationale of this program and wholeheartedly support it.