Equal Employment Opportunity

Individuals covered under Equal Employment Opportunity (EEO) laws are protected from illegal
discrimination, which occurs when people who share a certain characteristic, such as race, age,
or gender, are discriminated against because of that characteristic. People who have the
designated characteristics are called the protected class. Federal laws have identified the
following characteristics for protection:

 Race, ethnic origin, color (for example, African American, Hispanic, Native American,
Asian)

 Gender (women, including those who are pregnant)

 Age (individuals over 40)

 Individuals with disabilities (physical and mental)

 Military experience (Vietnam‐era veterans)

 Religion (special beliefs and practices)

The main purpose of the EEO laws is to ensure that everyone has an equal opportunity of getting
a job or being promoted at work.

Affirmative action

While EEO laws aim to ensure equal treatment at work, affirmative action requires the
employer to make an extra effort to hire and promote people who belong to a protected group.
Affirmative action includes taking specific actions designed to eliminate the present effects of
past discriminations.

Employees are also protected by the Equal Employment Opportunity Commission (EEOC),
which was established through the 1964 Civil Rights Act, Title VII. The scope of authority of the
EEOC has been expanded so that today it carries the major enforcement authority for the
following laws:

 Civil Rights Act of 1964. Prohibits discrimination on the basis of race, color, religion,
national origin, or sex.

 Civil Rights Act of 1991. Reaffirms and tightens prohibition of discrimination. Permits
individuals to sue for punitive damages in cases of intentional discrimination and shifts
the burden of proof to the employer.

 Equal Pay Act of 1963. Prohibits pay differences based on sex for equal work.
 Pregnancy Discrimination Act of 1978. Prohibits discrimination or dismissal of women
because of pregnancy alone, and protects job security during maternity leaves.

 American with Disabilities Act. Prohibits discrimination against individuals with

physical or mental disabilities or the chronically ill, and requires that “reasonable
accommodations” be provided for the disabled.

 Vocational Rehabilitation Act. Prohibits discrimination on the basis of physical or

mental disabilities and requires that employees be informed about affirmative action
plans.
 ADA (Americans with Disabilities Act): Prohibits employers from discriminating
against people with disabilities. Requires employers to provide “reasonable
accommodation” for individuals with disabilities. The law applies to all private
employers with 15 or more employees, state and local governments, and labor unions.
 ADEA (Age Discrimination in Employment Act): Prohibits discrimination against
employees 40 years of age or older on the basis of age. The law applies to all private-
sector employers with 20 or more employees who work 20 or more weeks per year, labor
unions (with 25 or more members), employment agencies, and state and local
governments.
 COBRA (Consolidated Omnibus Budget Reconciliation Act): Provides certain former
employees, retirees, spouses, former spouses, and children the right to temporary
continuation of health coverage at group rates. Employers with 20 or more employees
usually are required to offer COBRA coverage and to notify their employees of the
availability of such coverage. COBRA applies to plans maintained by private-sector
employers and sponsored by most state and local governments. (Some states also have
their own versions of COBRA.)
 FLSA (Fair Labor Standards Act): Establishes minimum wage rates, requires overtime
pay for certain employees, restricts the employment of minors, and imposes certain
recordkeeping obligations. The law applies to most private and public employers, with
some exceptions in certain retail and agricultural industries.
 FMLA (Family and Medical Leave Act): Grants qualified employees a total of 12 work
weeks of unpaid leave during a 12-month period for health-related reasons, including
childbirth, family illness, or personal health reasons that preclude handling the job’s
duties. The law applies to any individual or entity engaged in commerce or in any
industry or activity affecting commerce that employs 50 or more employees for each
working day during each of 20 or more calendar workweeks in the current or preceding
calendar year, and public agencies regardless of the number of people they employ.
 IRCA (Immigrant Reform and Control Act): Requires that employers attest to the
immigration status of their employees, bans employers from hiring illegal aliens, and
establishes penalties for such behavior. The law applies to all employers.
 Title VII of the Civil Rights Act: Prohibits employers from discriminating against
employees and applicants for employment, in the terms and conditions of employment,
 on the basis of race, color, religion, sex, or national origin. The law applies to private
employers with 15 or more employees, as well as virtually all government institutions,
employment agencies, and labor unions, but not the federal government.
 WARN (Worker Adjustment and Retraining Notification Act): Requires 60 days’
advance written notice to affected employees (or their bargaining unit), as well as state
and local rapid response/dislocated worker agencies, of mass layoffs or plant closings
that will result in at least 50 employment losses within a 30-day period. The law
generally covers employers with 100 or more employees.

Other important laws that govern significant aspects of labor relations and human resource
management include the following:

 Davis-Bacon Act of 1931—This law requires the payment of minimum wages to

nonfederal employees.
 The Norris-Laguardia Act of 1932—This law protects the rights of unions to organize,
and prohibits employers from forcing job applicants to promise not to join a union in
exchange for employment.
 The Wagner Act of 1935—This law, also known as the National Labor Relations Act, is
the main piece of legislation governing union/management relations, and is a chief source
of regulation for HRM departments.
 Social Security Act of 1935—This law was enacted in order to protect the general
welfare by establishing a variety of systems to assist the aging, the disabled, and children.
 The Walsh-Healy Public Contracts Act of 1936—This law was designed to ensure that
employees working as contractors for the federal government would be compensated
fairly.
 Fair Labor Standards Act of 1938—this important law mandated employer compliance
with restrictions related to minimum wages, overtime provisions, child labor, and
workplace safety.
 Taft-Hartley Act of 1947—This law created provisions that severely restrict the activities
and power of labor unions in the United States.
 Landrum-Griffin Act of 1959—Also known as the Labor-Management Reporting and
Disclosure Act (LMRDA), the Landrum-Griffin Act deals primarily with the relationship
between a union and its members. This law grants certain rights to union members and
protects their interests by promoting democratic procedures within labor organizations.
 Age Discrimination in Employment Act of 1967—This legislation, which was
strengthened by amendments in the early 1990s, essentially protects workers 40 years of
age and older from discrimination.
 Occupational Safety and Health Act of 1970—This act, which established the
Occupational Safety and Health Administration, was designed to force employers to
provide safe and healthy work environments and to make organizations liable for
workers' safety. Today, thousands of regulations, backed by civil and criminal penalties,
have been implemented in various industries to help ensure that employees are not
subjected to unnecessarily hazardous working conditions.
 Family and Medical Leave Act of 1993—This law was passed to provide employees who
qualify with up to 12 work weeks of unpaid, job-protected leave in a 12-month period for
specified family and medical reasons. It also requires group health benefits to be
 maintained during the leave as if employees continued to work instead of taking leave.
The Act became effective on August 5, 1993 and applies to companies who employ 50 or
more people.

Most employers in the United States must comply with the provisions of Title VII. Compliance
is required from all private employers of 15 or more persons, all educational institutions, state
and local governments, public and private employment agencies, labor unions with 15 or more
members, and joint (labor‐management) committees for apprenticeship and training.

Sexual harassment

Few workplace topics have received more attention in recent years than that of sexual
harassment. Since professor Anita Hill confronted Supreme Court nominee Clarence Thomas on
national television over a decade ago, the number of sexual harassment claims filed annually in
the United States has more than doubled.

Since 1980, U.S. courts generally have used guidelines from the Equal Employment Opportunity
Commission to define sexual harassment. Sexual harassment is defined as “unwelcome sexual
advances for sexual favors, and other verbal or physical conduct of a sexual nature.” Sexual
harassment may include sexually suggestive remarks, unwanted touching, sexual advances,
requests for sexual favors, and other verbal and physical conduct of a sexual nature

In a 1993 ruling, the Supreme Court widened the test for sexual harassment under the civil rights
law to whether comments or behavior in a work environment “would reasonably be perceived,
and is perceived as hostile or abusive.” As a result, employees don't need to demonstrate that
they have been psychologically damaged to prove sexual harassment in the workplace; they
simply must prove that they are working in a hostile or abusive environment.

Sexual harassment is not just a woman's problem. Recently, a decision handed down by the U.S.
Supreme Court broadened the definition of sexual harassment to include same‐sex harassment as
well as harassment of males by female coworkers. In the suit that prompted the Court's decision,
a male oil‐rig worker claimed he was singled out by other members of the all‐male crew for
crude sex play, unwanted touching, and threats.

From management's standpoint, sexual harassment is a growing concern because it intimidates

employees, interferes with job performance, and exposes the organization to liability.
Organizations must respond to sexual harassment complaints very quickly because employers
are held responsible for sexual harassment if appropriate action is not taken. The cost of inaction
can be high. The Civil Rights Act of 1991 permits victims of sexual harassment to have jury
trials and to collect compensatory damages in cases where the employer acted with “malice or
reckless indifference” to the individual's rights.

Employers can take the following steps to help minimize liability for sexual harassment suits:
 1. Offer a sexual harassment policy statement. This statement should address where
employees can report complaints, assure confidentiality, and promise that disciplinary
action will be taken against sexual harassers.
2. Provide communication and training programs for supervisors and managers. These
programs should emphasize that sexual harassment will not be tolerated.
3. Conduct fair, impartial investigations and base actions on objectively gathered facts.
The complainant must be insulated from the kinds of behavior that prompted the
complaint.

Other employment laws

Several other laws impact staffing practices as well. The Fair Labor Standards Act specifies the
minimum wage, overtime pay rules, and child labor regulations. The Employee Polygraph
Protection Act outlaws almost all uses of the polygraph machine for employment purposes.
Privacy laws provide legal rights regarding who has access to information about work history
and job performance for employees in certain jurisdictions. Under the Whistleblower Protection
Act, some employees who publicize dangerous employer practices are entitled to legal
protection. Table lists additional federal laws that shape HRM practices.
Human Resources (HR) Law is related to Labor and Employment law and encompasses the
various laws and regulations specific to HR professionals. It deals with the issues that HR
professionals must contend with in the majority of their work functions, predominantly in
overseeing and managing duties related to hiring, firing, employee benefits, wages, paychecks,
and overtime. It may also pertain to workplace safety, privacy; and preventing discrimination
and harassment.

Local, state, and federal employment laws all play a role in human resources, and HR
professionals must be familiar with a wide array of different statutory and regulatory authorities
in order to effectively and lawfully deal with company personnel. Common matters of concern to
HR managers include employee handbooks/manuals, establishing policies and procedures,
affirmative action programs and policies, government contract and wage laws, human resources
compliance audits, non-competition and confidentiality agreements, plant closing laws,
substance abuse and drug testing laws, and unemployment compensation.

Organizations Related to Human Resources Law

 EEO Compliance and Operations Divisions (EEOCO)

The goal of the EEO Compliance and Operations Division (EEOCO) is to ensure every
HHS employee/applicant for employment has equal access to EEO services, timely
resolution of their complaint and equitable remedy. EEOCO consists of two components:
1) EEO Compliance Team and 2) EEO Operations Team.

 HHS - Office of Human Resources (OHR)

The Office of Human Resources (OHR) provides leadership to the development and
assessment of the Department's human resources program and policies. In coordination
with the Operating Divisions (OPDIVs), OHR designs human resource programs that
support and enhance the HHS mission. It provides technical assistance to the OPDIVs in
building the capacity to evaluate the effectiveness of their human resource programs and
policies.

 HR Policy Association

HR Policy Association is the lead public policy organization of chief human resource
officers from large employers. The Association consists of over 300 of the largest
corporations doing business in the United States and globally. These major employers are
represented in the organization by their most senior human resource executive.
Collectively, their companies employ more than 18 million employees worldwide and
have a combined market capitalization of more than $7.5 trillion. These senior corporate
 officers participate in the Association because of their passionate interest in the direction
of human resource policy.

 Industrial Workers of the World

Workers and their employers do not have the same interests. Workers want shorter hours,
higher pay, and better benefits. The easiest way to stand up for each other in our
workplaces and communities and the easiest way to improve our working conditions is to
join a union.

 Institute for Research on Labor and Employment

The Institute for Research on Labor and Employment (formerly the Institute of Industrial
Relations) has fully renovated its Library. The new Library Commons mirrors the
“homey” feel of IRLE's historic landmark building, while advancing a new array of
digital and traditional library services.

 National Human Resources Association (NHRA)

Established in 1951, the National Human Resources Association (NHRA) is focused on

advancing the development and leadership of human resource professionals. Through
professional programs and services offered across the country, we strive to support
human resource professionals throughout their career life cycle - from intern to executive
- as Human Resources leads the way for change in today's businesses

 Society for Human Resource Management (SHRM)

The Society for Human Resource Management (SHRM) is the world’s largest association
devoted to human resource management. Representing more than 250,000 members in
over 140 countries, the Society serves the needs of HR professionals and advances the
interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated
chapters within the United States and subsidiary offices in China and India.
 Learning Objectives  Introduction  Interview Topics: Equal Employment Opportunity
Employment information & health security Minimum Age Minimum Wage Employment
Reference Checking Working hours and holidays Conclusion  Q/A Session 2
 3. Employment Laws in Pakistan Equal Employment Opportunity Disability Minorities
Harassment Gender Employment Information and health Security Working hours and
holidays Maternity Laws Minimum Wage Minimum Age Employees Reference Checks
Previous Employment Education 3
 4. Gender Minorities Disability Harassment 4
 5. Laws with Reference Article 11 is related to the forced labor, slavery and prohibition. No
one has the right to force anyone for labor Article 17 is related to freedom of association. Every
citizen has right to become part of any union unless if there is any restriction for country safety
Article 18 is related to the freedom of trade, business and profession. According to the article,
any citizen can enter to any profession, trade or business as per required qualification 5
 6. Gender: Article 25 of constitution of Pakistan is related to Equality of Citizenship. Article
25 talks about that all the citizen have equal rights and there is no discrimination on the basis of
gender and there can be separate laws which can provide benefit to the children and women in
different forms Article 27 title is safeguard against discrimination in services. Exception of
qualification basis, on citizen can be discriminated on the basis of race, caste, gender, religion,
place of birth and residence 6
 7. Minorities: Article 36 talks about the protection of minorities. The main purpose of this
article is highlight that minorities are equal to Muslims and their protection and rights and
interest are also very important and have right to make their representation in federal and local
public institutions. Article 37 whose title is promotion of social justice and eradication of social
evils. The clause e and f are directly related to EEO laws. 7
 8. Disabilities Law: C159 of ILO title of Vocational Rehabilitation & Employment (disabled
persons) is in enforcement in Pakistan In section 10 of Disabled Person Employees and
Rehabilitation ordinance 1981 which is related to establishments to employ disabled person
Clause 1 of section 10 emphasizes that in any establishment, minimum 3% of representation
should be from disabled 8
 9. Harassment Laws: Section 2C of the protection of woman harassment at workplace act 2011
provides guidelines of behavior to all employees including the owner to make harassment free
environment for women at work 9
 10. Applications Job AD These laws start implementing while making advertisement for the
vacancy. If the job is related to the office work, then. There should not be any discrimination on
the basis of gender, caste, color, religion and disabilities unless disabled person cannot perform
the job. 10
 11. C.V Screening There should be no screening on the gender basis Screening should not be
done on the basis of minorities and religion Selection Selection should be purely on the basis of
actual requirement of job There should not be any discrimination related to disabled person and
woman 11
 12. Advice for HR Managers Under all the laws related to the equal employment
opportunities as mentioned earlier the HR managers are advised to follow them strictly and base
all their policies upon them They should mention that they are “equal opportunity employers”
on the boards in the organization, on its website and the job ads they give for filling the
vacancies. Any biasness like based on gender, religion, race, colour, etc. should not be shown
throughout the recruitment and selection process 12
 13. Employment Information and health Security Information related to employment like: 
Wages  Facilities  Employment particular  Probation period, and fixed term contracts, health
etc. 13
 14. Laws with Reference In section 2 of Schedule standing ordinance of the industrial and
commercial Employment 1968, term and conditions should be given in writing such as
appointment, transfer and promotion. According to Section 1, probation period should not more
than 3 months. Contract based employment should will be of 9 months which can be renew
during employment. According to Section 3, last in first out method will be used for
retrenchment 14
 15. Chapter 3 of Factories act 1934 is based on health and safety issues in industrial sector. It
has 13-33Q sections. It is the responsibility of employer to train and provide safety equipment to
workers 15
 16. Applications Provide employment Application form and take signature of the Candidate
Provide written agreement of hiring the candidate 16
 17. Advice for HR Managers According to the laws the HR managers should ensure that
whatever the terms and conditions and agreements with the current employees or new hires are
decided, they should be in writing with the consent shown through signs of both the parties The
contractual employees are also to be given required facilities and their contracts cannot be
terminated against the terms and conditions already decided 17
 18. Working hours and holidays 18
 19. Laws with Reference Section 34 of factories Act 1934 allows 48 hours week in a week
and for seasonal production, maximum 50 hours of work Section 35 is related to weekly
holidays. No one allowed working on Sunday unless he takes one holiday immediately before or
after three days According to section 36, no one is allowed to work 9 hours in a day 19
 20. Maternity Laws: Section 36, Chapter 5 of The Provincial employment social security
ordinance 1965 is related to maternity benefits According to section 3, 4 of The West Pakistan
maternity benefit 1958, woman can get 3 months leave with full pay 20
 21. Applications In job ad define the work schedule of the job. Job timing laws will be
applicable here Employment Application Form Give option of availability of employer for the
work 21
 22. Advice for HR Managers The jobs in which women are hired should be designed
accordingly so that they should be working in between 6 am and 7 pm. No employee should be
forced to work more than 8 hours a day All the holidays entitled by the government should be
given to the employees. If a worker is doing his/her job more than 8 hours a day or on national
holidays they should be paid double for all the over time or hours they worked on a holiday. The
maternity, sick, marriage and etc. holidays should be allowed with the pay as prescribed in the
law. 22
 23. 23
 24. Laws with Reference There are different types of acts, ordinance are working in Pakistan
related to wages such as the Minimum wage Ordinance 1961 Pakistan Minimum Wages for
Unskilled Workers Ordinance, 1969 COAL MINES (FIXATION OF RATES OF WAGES)
ORDINANCE, 1960 The Payment of wages act 1936 24
 25. Amendment in the section 3 of Minimum Wages for Unskilled Workers Ordinance 1969
has set the minimum wage for unskilled workers Rs 12000(26 days) per month Section 3 and 4,
of Coal and Mines (Fixation of Rates of Wages) Ordinance 1960 is also related to minimum
wages in coal and mines sector. Section 3,4,5 of the payment of wages act 1936 are related to
who is responsible to pay the wages, the period of payment of wages should not exceed 1 month
and wages should be distributed till 7th date of the month 25
 26. Compensation Section 47 of chapter 4 related to factories act enforces extra pay for
overtime. This would be double of the regular wages Section 48 restricts the double
employment in same factory 26
 27. Bonus In industrial and commercial employment ordinance 1968, 10-c payment of
Bonus, if an employer gets profit, he has to pay bonus to a worker, working for him more than 3
months Section 10-A emphasizes the importance of group incentive scheme for workers whose
production exceeds from others 27
 28. Applications Job Ad Salary of the workers should be according to the rules Explain the
grade or salary range of employee in Job Ad Selection  While negotiating with the candidates
for final selection on the basis of salary, minimum salary should be according to the law. 28
 29. Advice for HR Manager The HR managers should strictly follow the minimum wage for
the unskilled labour as notified by the government of Pakistan or the respective province If a
worker is doing his/her job more than 8 hours a day or on national holidays they should be paid
double for all the over time or hours they worked on a holiday so the annual bonuses and
incentives should be transparently delivered to the employees 29
 30. HR managers should also ensure that all the employees are paid in time Many
organizations are into the practices of outsourcing the labour through labour contracts to third
parties 30
 31. Minimum Age 31
 32. Laws with Reference Section 3 of article 11 clarifies that no child below the age of
fourteen can work in mine, factory and other risky places Section 26 of Mines act 1923 explains
that children are not allowed to work in mines Section 26 A limits the work age in mine of 17
years if the child has not fitness certificate Section 26 B highlights the break of 12 consecutive
hours if the age is below 17 years 32
 33. Section 3 of The Road transport workers ordinance ,1961 defines that any type of road
transport services are not allowed unless the age of 18 years. Section 20 of Shop and
establishment ordinance 1969 clarifies that no child is allowed to work in any establishment
Similarly section 110, Chapter 8 of Merchant shipping Ordinance of 2001 restricts that no
citizen is allowed below the age of 15 to perform work in any ship. International Labor
Ordinance convention 138, Minimum age convention 1973,c-15 minimum age (trimmers and
stokers) convention 1921,C182 worst form of child labor convention,C6 & C90 night work of
young people industry ,convention 59 minimum age industry convention are in enforcement. 33
 34. Applications C.V screening: Verify the age in C.V about the requirement of minimum age.
Selection: Get the evidence such as CNIC & driving license to verify the age 34
 35. Advice for HR Managers  The age of the person to be hired should be strictly checked
and verified before hiring. It has to be usually for the labour, uneducated person or below
Matriculation. Their age can be verified through Birth certificates and the B-Forms. If you are
hiring a teen below 18 you should provide him/her with all the extra benefits and facilities which
law entitles him/her to. 35
 36. Employees Reference Checking Previous Employment Education 36
 37. Laws with Reference In section 3 of Defamation Ordinance2002, it is clearly mention
“Any wrongful act or publication or circulation of a false statement or representation made orally
or in written or visual form which injures that reputation of a person, tends to lower him in the
estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or
hatred shall be actionable as defamation”. Absolute and Qualified privilege is given in section 5
and 6 to the person who gives information on the order of parliament and to the proper
authorities. 37
 38. Chapter 21 of Pakistan Penal Code is related to Defamation laws and its explanations
These laws comprise of regulating previous organizations where the employees have been
engaged. The verification can be done by the organization itself from previous organizations and
with the help of other institutions 38
 39. Applications Employers should take consent from candidate for the reference check
Reference information should be related to work According to law if the candidate found
guilty, should be given enough time to defend himself Educational and Employment reference
checking should be according to the law 39
 40. Advice for HR Managers  All the laws related to reference checking should be followed
strictly as this is a critical process and your previous employee or the new hire can sue you on
the slightest of misinformation or error  First of all you should take the consent of the person to
be hired in written for the reference checking  While seeking information from his/her previous
employer you should never ask for personal information. 40
 41.  The reference checking with government record should be made through the proper
process and in an official way.  You should always provide with the factual and non- biased
information. But never disclose the personal information or habits of anybody. You may also call
your previous employee to verify the reference.

Organizations internal LAWs

Bribery
Criminal offense
Rules violation - PPRA rules, DLP Policy,