Describe the concepts of equal employment opportunity (EEO).

Question

What will be an ideal response?

Answer 1

Court decisions and administrative rulings have helped define several basic EEO concepts. The four key concepts are discussed below:Business Necessity and Job Relatedness: A business necessity is a practice necessary for safe and efficient organizational operations, such as restricting employees from wearing garments that might get caught in machinery although the attire may be required by an employee's religion.Bona Fide Occupational Qualification: Employers may discriminate on the basis of sex, religion, or national origin if the characteristic can be justified as a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. Thus, a bona fide occupational qualification (BFOQ) provides a legitimate reason an employer can use to exclude persons on otherwise illegal bases of consideration. The application of a BFOQ is very narrowly determined and an employer seeking to justify hiring on this basis is advised to obtain prior authorization from the Equal Employment Opportunity Commission (EEOC).Burden of Proof: When a legal issue regarding unlawful discrimination is raised, the burden of proof must be satisfied to file suit against an employer and establish that illegal discrimination has occurred. The plaintiff charging discrimination must establish a prima facie case of discrimination through either factual or statistical evidence, meaning that sufficient evidence must be provided to the court to support the case and allow the plaintiff to continue with the claim. Once a case has been established, the burden then shifts to the employer, who must provide a legitimate nondiscriminatory reason for the decision, such as focusing on job-related factors and/or business necessity. The plaintiff then must show either that the employer's motivation or rationale was a pretext for discrimination or that there is an alternative employment approach that would not result in discrimination. The plaintiff maintains the final burden of proof that unlawful discrimination underlies an employment decision.Nonretaliatory Practices: Employers are prohibited from retaliating against individuals who file discrimination charges. Retaliation occurs when employers take punitive actions against individuals who exercise their legal rights.