HR Jetpack
Home / HR Courses / Employment Law 101 / Discrimination / Affirmative Action, Sex Discrimination & Retaliation

Affirmative Action, Sex Discrimination & Retaliation

This video is premium content

Register or sign in to gain access.

Lesson:

Affirmative Action, Sex Discrimination & Retaliation

  • Course: Employment Law 101
  • Module: Discrimination
  • Lesson Type: Video
  • Lesson Duration: 7:54

Lesson Content

Okay, in this lecture we're going to talk more about Title VII of the Civil Rights Act. We're going to talk about affirmative action plans, we're going to talk about sex discrimination. And we're also going to talk about retaliation under Title VII.

Affirmative Action Plans is an interesting concept. It's essentially also thought of many parts of the world as positive discrimination. It's discriminating against people based upon a category like race or gender for the purpose of helping them in situation where historically they've been excluded. So, affirmative action is not a statute, it was enacted initially by John F. Kennedy, and in the early 60s, and it was an executive order which ordered the government to engage in a program of hiring minorities, and people that have been excluded from government service based upon race.

In 1967, it was revised and when it was revised, it included sex discrimination. And in 1965, going back a little bit, Lyndon Johnson signed another executive order, and that is Executive Order 11246, which is the executive order that we normally think of that authorizes affirmative action. The idea of these executive orders and I think about this as a sort of civics 101 but the President is like the CEO or the head of the administrative branch of our government which includes all of the government agencies and executive departments. And as such, he is ordering the federal government to engage in a plan of Affirmative Action and also requiring all private sector businesses that contract with the federal government to engage in Affirmative Action as well. The idea is to promote equal opportunity by giving minorities and women a chance for positions with the government or with government contractors.

It is discrimination. We are differentiating against or against gender in our selection process. However, it's very clear that the process is not to put people in the positions that they are qualified for. In other words, if we have a male and a female candidate for the federal contractor position and all else is equal, the male employee is not more qualified than the female employee, then affirmative action says we're to hire the female employee.

There's also reporting that has to happen where the federal contractors and the federal government file reports with the OFCCP, which is a branch of the administrative agency that regulates Affirmative Action plans, and disclose the racial and gender makeup of the workforce, and what positive efforts the contractors and the governments are doing to promote hiring people of color or women into positions within the agencies. So this is a very controversial, very, in some kinds of situations, emotional topic for people. I have, frequently, in my classes had students debate affirmative action and the merits and the degree it's still needed or not but people have different points of view and the purpose of my lecture today is to inform not necessarily to advocate one side or the other. It's the reality in our legal culture now, that we have situation in which we affirmatively give preference to minorities, or to women when hiring for government or government contractor positions if they are as qualified as the most qualified person for the position. And so, that's Affirmative Action.

Let's talk about sex discrimination. It's prohibited clearly under Title VII. What's interesting is that Title VII says that you can't discriminate based upon sex and that's all it says and so we've struggle to sort of figure out the boundaries of that. For years, the interpretation of the EEOC was based upon at a couple of Supreme Court cases that ultimately said that sex discrimination did not include pregnancy. As a result later in ’91, we created or congress created the Pregnancy Discrimination Act which amended Title VII to include it. But before that there's a long period in our history which sex denied equal pregnancy discrimination.

Now, in 2015, we're in a situation where the EEOC has recently switched positions and taken the position that gender identity and sexual orientation are extensions of sex discrimination and that is currently the administrative agency, the EEOC's interpretation, of that. There are cases coming up the courts to the extent that that will be addressed specifically is still a very contentious thing that's happening in the court system right now.

In addition, there is legislation that has been in Congress for several years. Something called the Employment Non-Discrimination Act. And the Employment Non-Discrimination Act essentially was a legislative effort to make gender dysphagia, and sexual orientation, and gender identification all protected categories with regards to discrimination in the workplace. So as it stands, the EEOC is interpreting sex very broadly, much more so than in previous administrations in previous years. And there is a strong push to expand the categories of discrimination to include gender orientation, sex orientation, gender identification areas so, that's an expanding area.

Let's talk about retaliation now in a previous lecture I talk a lot about retaliation and really all I'm gonna tell you here is that under Title VII there is a provision that protects workers who are opposing any sort of unlawful discrimination or who make charges or are involved in testimony or somehow participating in an investigation of some sort. So retaliation exists under Title VII as well and as you know from previous lectures, retaliation is the number one charge of discrimination within the EEOC, so it is a major, major area.

Mark Addington

Instructor:

Mark Addington

Mark A. Addington, Esq. advises and advocates on behalf of businesses concerning Labor & Employment Law, Business Regulatory Compliance, Restrictive Covenants (Non-Competition, Non-Solicitation, and Confidentiality), Wage & Hour, Privacy, Technology,...

Mark's Full Bio

HR Courses

Human Resources Training Programs

Self-paced HR Courses

The following HR courses are self-paced (asynchronous), and qualify for both SHRM and HRCI recertification credits. These courses are included in the HR Recertification Subscription.

Effective Disciplinary Action Policies and Procedures

Duration: 1 hr 1 min
SHRM: 1.0 PDC
HRCI: 1.0 General

Liz LaForte

Liz LaForte

RFP Process for HR

Duration: 1 hr 19 mins
SHRM: 1.25 PDC
HRCI: 1.25 General

Mark Fogel

Mark Fogel

Organizational Ethics for HR Managers

Duration: 1 hr 30 mins
SHRM: 1.5 PDC
HRCI: 1.5 General

Dawn Tedesco

Dawn Tedesco

HR as a Business Partner

Duration: 1 hr 5 min
SHRM: 1.0 PDC
HRCI: 1.0 Business

Scott Pitts

Scott Pitts

Blockchain for HR

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Michael Wilson

Michael Wilson

HR Strategic Planning

Duration: 1 hr 2 mins
SHRM: 1.0 PDC
HRCI: 1.0 Business

Hayley Buonopane

Hayley Buonopane

Employee Engagement & Retention

Duration: 1 hr 4 mins
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

HR Metrics That Matter

Duration: 1 hr 16 mins
SHRM: 1.25 PDC
HRCI: 1.25 Business

Christina Danforth

Christina Danforth

Finance for Absolute Beginners

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Anna Samorukova

Anna Samorukova

Change Management 101

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Hayley Buonopane

Hayley Buonopane

Labor Relations

Duration: 1 hr 42 mins
SHRM: 1.50 PDC
HRCI: 1.75 General

Matthew Kerzner

Matthew Kerzner

Diversity and Inclusion

Duration: 1 hr 25 mins
SHRM: 1.25 PDC
HRCI: 1.50 General

Christina Danforth

Christina Danforth

HR Analytics

Duration: 1 hr 31 mins
SHRM: 1.50 PDC
HRCI: 1.50 Business

Christina Danforth

Christina Danforth

Performance Management: Development & Deployment

Duration: 1 hr 18 mins
SHRM: 1.25 PDC
HRCI: 1.25 General

Christina Danforth

Christina Danforth

The Role Assessments Play in Talent Management

Duration: 2 hr 5 mins
SHRM: 2.0 PDC
HRCI: 2.0 General

Craig Haas

Craig Haas

AI for HR

Duration: 1 hr 3 mins
SHRM: 1.0 PDC
HRCI: 1.0 General

Michael Wilson

Michael Wilson

Compensation 101

Duration: 1 hr 8 mins
SHRM: 1.0 PDC
HRCI: 1.25 General

Pamela Sande

Pamela Sande

Effective Leadership Communications for HR Professionals

Duration: 2 hr 30 mins
SHRM: 2.5 PDC
HRCI: 2.5 General

Christina Danforth

Christina Danforth

Recruiting Strategies to Hire the Best Candidate

Duration: 1 hr 6 mins
SHRM: 1.0 PDC
HRCI: 1.0 General

Lois Krause

Lois Krause

Cybersecurity 101 for HR Pros

Duration: 1 hr 2 mins
SHRM: 1.0 PDC
HRCI: 1.0 General

Michael Wilson

Michael Wilson

EQ Competence: Fostering a Talent Advantage that Drives Organizational Performance

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Craig Haas

Craig Haas

Thinking Lean

Duration: 1 hr 8 mins
SHRM: 1.0 PDC
HRCI: 1.25 Business

Christina Danforth

Christina Danforth

Coaching for HR Professionals

Duration: 1 hr 2 mins
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

The Employment Cycle

Duration: 1 hr 45 mins
SHRM: 1.75 PDC
HRCI: 1.75 General

Christina Danforth

Christina Danforth

Behavioral and Situational Interviewing

Duration: 1 hr 8 mins
SHRM: 1.0 PDC
HRCI: 1.25 General

Stephanie Legatos

Stephanie Legatos

Dynamic Dialogues

Duration: 1 hr 10 mins
SHRM: 1.0 PDC
HRCI: 1.25 General

Stacey Zackin

Stacey Zackin

Employment Law 101

Duration: 3 hr 11 mins
SHRM: 3.0 PDC
HRCI: 3.25 General

Mark Addington

Mark Addington

Thrown to the Wolves: Preparing Your New Leaders to Lead the Pack

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Karen Hinds

Karen Hinds

Introduction to Organizational Development

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

Practical Meeting Preparation: Getting Ready for a Productive Meeting

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Succession Planning: Build Your Bench

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

Practices for Hiring Successfully

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

Team Development: Building Collaboration & Effectiveness

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Leading and Managing the Need for Both

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

Coaching: Guiding the Management Team

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

Being A Change Agent

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Hayley Buonopane

Hayley Buonopane

Leading a Multigenerational Team

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Karen Hinds

Karen Hinds

Multi-Generational Workforce: Problem or Competitive Advantage?

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Virtual Reality: The Future of HR

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christina Danforth

Christina Danforth

Unconscious Bias: Impact on Recruitment and Retention

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christina Danforth

Christina Danforth

Business Fundamentals for HR Pros

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Jack Antonich

Jack Antonich

Influence and Communications as an HR Pro

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

Value Based Decision Making for HR Pros

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

Strategic Planning to Support HR Initiatives

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Dr. Deborah Osgood

Dr. Deborah Osgood

Meet in the Middle: Best Methods for Conflict Management

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Economics for HR Professionals

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Jack Antonich

Jack Antonich

Business Plans: Why HR Pros Should Care

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Jack Antonich

Jack Antonich

Emotional Intelligence: What is it and Why Does it Matter

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Marketing/Selling Continuum (From Idea to Revenue)

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Jack Antonich

Jack Antonich

Diversity Equity & Inclusion The Lens We Wear

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

Welcome! What HR can Learn from the Field of Hospitality

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

Accounting and Financial Reporting for HR Pros

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Jack Antonich

Jack Antonich

How HR Can Establish & Influence a Culture Of Hospitality

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

Raising Capital (Who, What, When, Where, Why & How)

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 Business

Jack Antonich

Jack Antonich

Cultural Competence: Fostering Diversity Equity & Inclusion

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Stacey Zackin

Stacey Zackin

DiSC Communication Styles: What are They & How They can Help You

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Effective Meeting Facilitation for HR Pros

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti

Best Practices in Providing Effective Performance Feedback

Duration: 1 hr
SHRM: 1.0 PDC
HRCI: 1.0 General

Christine Gatti

Christine Gatti