Lesson 02
Equal Opportunity in the Worksplace

Commentary - Equal Employment

Equal employment is a legal concept that impacts every aspect of human resource management. It is not the only legal concept which is important to managers. A more in-depth discussion of other employment laws is addressed in HRER 501: Labor and Employment Law.

There is a great deal of detail surrounding the concept and application of equal employment opportunity. Equal employment opportunities are dealt with in federal laws, state laws, local ordinances and even Executive Orders. Which laws apply to which organizations often depends on the size of the organization and whether the organization is public sector or private sector. Knowing whether the organization in which you are employed is under a particular law, or not, is important. It is not unusual that an organization that may not technically, that is, legally, be under a particular law, may still act as if it is under the law. That tends to be a sign of an organization that emulates the spirit or intent of the law. These organizations often are the organizations that are viewed as best places to work because they provide equal opportunities to employees whether required by law or not.

Tangentially, it is important to distinguish between public and private organizations for many reasons beyond the topic discussed in this lesson. Today, work and services once performed only in the public sector are being "privatized" and the distinction may not be as evident as it would have been in the past. Going to the governance documents of the organization may be the only absolute way to determine whether an organization is public or private. Then, too, just because an organization is publically traded on the open stock exchange does not make it a "public" organization. A few examples of services that had been mostly provided by "public" organizations in the past but are now being provided by organizations in the "private" sector are prison management, more K-12 education other than church related, road maintenance and care for the elderly or ill.

In addition to the laws passed by various legislative bodies, "case law" often explains what the words in the laws mean. That is, as actions by organizations, often referred to as "actions by the Employer" are challenged by individuals or groups, these challenges may find their way into court. The court's interpretation of the law then becomes "law" in that jurisdiction until such time as it is changed either by the legislative body, the lower court or the U.S. Supreme Court. It is important to review the laws and the interpretation of the laws as you may move from one organization to another or from one court jurisdiction to another. This is an area of expertise which is often the responsibility of the human resource corporate or central office. Other managers are able to contact those "experts" if they are concerned that a particular action or decision might violate an equal opportunity provision.

Given the detail of the laws and the interpretation of those laws, it is important for all managers to have a strong overview of the concept of equal opportunity and some detailed infrastructure on which the concept is built. To that end, understanding the difference between equal opportunity, affirmative action, and managing diversity is imperative. Beyond that understanding, knowing the applicable laws and processes used to maintain the laws and knowing the key legal cases that assisted in forming the current interpretations of the laws is important to establish credibility as a manager. In addition, this basic foundation of knowledge will assist in everyday management because even the words we use and the tone with which we say them can establish a welcoming environment for all who work in it or not. And, if "or not," the organization may find itself involved in a legal complaint. Or, in the least, may find itself unable to hire and retain the most talented, diverse employees it needs to meet its vision in the most effective and efficient manner.

The reading material assigned will discuss in depth these issues that surround equal employment opportunities. You may want to explore sources beyond this material to further understand the issues that may be of particular interest to the workforce which you manage. Then, too, tracking pending and newly passed laws and amendments to existing laws is an important aspect of the human resource professional.