Please describe how American Equal Employment Opportunity laws and regulations and Affirmative Action contract requirements might pose problems in staffing and running subsidiary organizations in other countries. Please provide some general comments about how these issues should be handled.
SOLUTION
American Equal Employment Opportunity laws::
Title VII of the Civil Rights Act of 1964 (Title VII)
This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.
• The Pregnancy Discrimination Act
This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Title I of the Americans with Disabilities Act of 1990 (ADA)
This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
Sections 102 and 103 of the Civil Rights Act of 1991
Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
Sections 501 and 505 of the Rehabilitation Act of 1973
This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
Effective - November 21, 2009.
This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Preparing Annual Affirmative Action Plans (AAPs):
The basic elements of an Executive Order 11246 AAP include:
a) Data collection and record keeping, including providing compliant voluntary self-identification forms to applicants and employees;
b) Taking an annual “snapshot” of the representation of minorities and females within each establishment’s workforce, by job group;
c) Conducting a job group analysis to identify and group jobs which are similar and will be used for statistical comparison (job groups are defined as groups of jobs with similar content, wage rates and opportunities);
d) Conducting a statistical availability/utilization analysis by job group to compare the representation of minorities and females with the internal and external availability and establishing placement goals where the categories are underrepresented;e) Preparing an applicant flow log (covering 12 months prior to the snapshot) that includes applicants’ race and sex (Section 503 and VEVRAA AAPs also require a log that includes disability and protected veteran status); f) Conducting statistical adverse impact analyses for personnel activity for hiring, promotions and terminations for the 12-month period prior to the snapshot. Statistically significant adverse impact may result in financial liability, including back pay and the requirement to engage in preferential hiring or promotion; g) Conducting a compensation self-audit, recommended annually, by job group or job title, race and sex; and h) Annually reviewing goal attainment. (Section 503 and VEVRAA AAPs require analysis of the applicable goals and benchmarks for individuals with a disability and protected veterans). Additional obligations include supervisor training, internal dissemination of the AAPs, posting requirements and a mandatory equal opportunity contract clause for all subcontracts and purchase orders and other requirements.
General comments about how these issues should be handled:
As those Companies are American , that is why while taking candidates/employees, they must let them know about the USA Equal Employment Opportunities Law and Affirmative Action Requirements.
When Any Candidate apply for Jobs in these American Companies subsidiary Organizations in other Countries ,Those Subsidiary Organizations should attach these laws with the Application file. Those candidates must read all those Laws before Applying and Subsidiary Companies should add a additional test of these laws as a part of Entry test and/or interview in these Subsidiary Companies.
When Candidates got selected as Employee they should sign a contract with these subsidiary companies where all the American Equal Employment Opportunity laws and regulations and Affirmative Action contract laws must be mentioned with concern for agreement.
If any Employee and/or Contractors violates those laws while working with these Subsidiary Companies then Company and/or Management of these Subsidiary Company can take action without any fear of any Entity.
Few Countries might have other laws which are strictly oppose few points of the above laws. In these case Company can/have to delete those few points in the contracts just to become Multinational Company and those Subsidiary Companies can get acclamatised with the Environment and culture of those countries.
As Few Employees and/or Contractors might not be so much habituated with these laws for the first time, that is why they might violate somehow mistakingly for first time. In this case Company can give warnings for the first time and told tose employees and/or contractors next time they will be punished. This can be only done unless it does not incurred huge loss for the Subsidiary Companies in first time itself.