NCJ Number
58947
Journal
Labor Law Journal Volume: 27 Issue: 5 Dated: (MAY 1976) Pages: 278-286
Date Published
1976
Length
9 pages
Annotation
PERSONNEL PRACTICE OF SOME PUBLIC AND PRIVATE ORGANIZATIONS ARE REVIEWED IN TERMS OF EQUAL EMPLOYMENT OPPORTUNITY (EE0) REQUIREMENTS.
Abstract
SINCE THE EXPENSES OF NOT COMPLYING WITH LEGAL REQUIREMENTS OF EQUAL OPPORTUNITY EMPLOYMENT ARE EXORBITANT, MANAGEMENT IS URGED TO BE COGNIZANT OF THE CURRENT LEGAL STATUS OF PERSONNEL POLICY. FOLLOWING THE WELL-PUBLICIZED CONSENT DECREASES IN CASES INVOLVING AMERICAN TELEPHONE AND TELEGRAPH AND THE STEEL INDUSTRY, AND THE CONSIDERABLE EXPENSES OF COURT COST, ATTORNEY FEES, BACK PAY, AND LOSS IN EXECUTIVE TIME, MANAGEMENT AT ALL LEVELS BEGAN TO DEVOTE MUCH ATTENTION TO EEO. THE REPORT CITES SPECIFIC CASES WHICH AFFECTED PERSONNEL PRACTICES AND WHICH DEPICT THE CURRENT INTERPRETATION OF THE LAWS. PERSONNEL PRACTICES ADDRESSED INCLUDE RECRUITMENT AND SELECTION, PROMOTION AND TRAINING, PERFORMANCE APPRAISAL, DISCIPLINE AND DISCHARGE, GRIEVANCE ADMINISTRATION, COMPENSATION AND BENEFITS, MATERNITY BENEFITS, AND LAYOFFS AND RECALLS. COURT CASES AND ADMINISTRATIVE DECISIONS ARE HELPING TO CLARIFY THE MEANING OF EEO TO PERSONNEL MANAGERS. AMONG THE CASES MENTIONED ARE MORROW V. CRISLER (1973) IN MISSISSIPPI IN WHICH THE COURT ORDERED THE STATE TO CONDUCT RECRUITMENT VISITS TO ACHIEVE MAXIMUM NONDISCRIMINATORY COVERAGE AND MAINTAIN APPROPRIATE RECORDS COVERING JOB APPLICATIONS AND EMPLOYEES. IN JONES V. LEE WAY MOTOR FREIGHT, INC., (1970) THE EMPLOYER'S REFUSAL TO GRANT REQUESTS FOR TRANSFERS FROM BLACK CITY DRIVERS TO OVER-THE-ROAD POSITIONS WAS DECIDED IN FAVOR OF THE PLAINTIFFS. IN SHULTZ V. WHEATON GLASS COMPANY (1970) THE COMPANY FOR COMPENSATING FEMALE EMPLOYEES AT 10 PERCENT LESS THAN THEIR MALE COUNTERPARTS, WAS ORDERED TO PAY BACK WAGES TO ALL FEMALE EMPLOYEES FOR EQUAL OR SAME TYPE OF WORK PERFORMED. TO AVOID LEGAL REPRIMAND UNDER EEO, ORGANIZATIONS ARE ADVISED TO SHOW THE JUSTIFICATION AND VALIDITY OF THEIR PERSONNEL PRACTICES. (MJW) PRACTICES.