人力资源Essay范文翻译：Equal Employment Opportunity Commission: Overview and Evaluation

本文是人力资源专业的Essay范例，题目是“Equal Employment Opportunity Commission: Overview and Evaluation（平等就业机会委员会:概述和评价）”，本研究的主要目的是讨论平等就业机会委员会(EEOC)，其历史，背景数据，平等就业机会委员会的含义，以及人力资源实践和平等就业机会委员会。平等就业机会委员会的实践是所有组织都必须遵守的。平等就业机会委员会为所有个人和群体服务，保护他们在工作场所不受各种歧视的权利。此外，平等就业机会委员会还在法庭案件中提供帮助和保护，在某些情况下，平等就业机会委员会还代表受影响的雇员向法庭提出申诉。

Introduction介绍

The principal aim for the research study is to discuss the Equal employment opportunity commission (EEOC), its history, background data, the implications of equal employment opportunity commission, and the Human resource practices and Equal employment opportunity commission. The practices of EEOC are required to fulfill by all organizations. The EEOC works for all individuals and groups and protects their rights against all kinds of discrimination occurred in the workplace. Furthermore, EEOC also provides assistance and protection in court cases, in some scenarios the EEOC also filed the complaints in court on the behalf of the affected employee.

The article first provided the information on how the EEOC is formed, the complete history and background data, overview of all challenges and issues faced by the EEOC. The paper further examines how EEOC guidelines can be aligned with the practices of human resource management; furthermore, EEOC procedures are briefly discussed. In the next section of the article, the EEOC is completely discussed with the help of core HR Functions like recruitment, selection, training, pay, and performance appraisal. The research study also discussed the most recent cases of sexual harassment and gender discrimination at the workplace on which EEOC is currently working. At the end of the article, there are some recommendations proposed by the researcher and a brief conclusion on the basis of the findings of the article.

Topic Discussion话题讨论

According to (Mishra & Mishra, 2015), any biased decision which is made under the influence or personating by color, age, sex, sexual orientation, etc. is called discrimination. According to the statistics from 2007 to 2008, there is a 14% increase in complaints against sexual discrimination, 13% in nationality, 14% in religion, 11% in the race and the highest of 29% increase on the basis of age. The EEOC is a federal law regulatory and enforcement body that make discrimination illegal on the basis of race, color, sex, national origin, religion, age, disability and pregnancy. EEOC is a governmental body that governs and imposes civil law rights against workplace discrimination. The guidelines of the EEOC are equally applied to all the employers with 15 or more employees.

根据(Mishra & Mishra, 2015)，任何受肤色、年龄、性别、性取向等影响或扮演的有偏见的决定都被称为歧视。根据2007年至2008年的统计数据，针对性别歧视的投诉增加了14%，13%来自国籍，14%来自宗教，11%来自种族，29%来自年龄的投诉增加最多。平等就业机会委员会是一个联邦法律监管和执行机构，它规定基于种族、肤色、性别、国籍、宗教、年龄、残疾和怀孕的歧视为非法。平等就业机会委员会是一个政府机构，负责管理和实施反对工作场所歧视的民事法律权利。平等就业机会委员会的准则同样适用于所有雇员人数在15人或15人以上的雇主。

Under EEOC it is also illegal for an employer to retaliate against an employee for filing a complaint regarding workplace discrimination (Occhialino & Vail, 2005).   It is also against the law for an employer to retaliate against an employee for participating in EEOC investigation. The implications provided by the EEOC are applied to all functions on workplace like hiring, training, compensation, performance management and rewards & benefits (Shen, Chanda, Monga, & Netto, 2009).

Functions and Role of Equal employment opportunity commission平等就业机会委员会的职能和作用

The core function of the EEOC is to enforce the civil rights law regarding discrimination in the workplace, for example, discrimination on the basis of color, sex or religion, etc. the commission also attempts to identify, assess, evaluate and eradicate the issues that are directly related to discrimination in the workplace. EEOC directly assess the charges made fairly and objectively and then take corrective actions.  They also the authority to file lawsuits on behalf of rights for individuals and groups. EEOC also provides guidance and assistance to the federal government on all aspects of workforce discrimination and equal employment opportunity related concerns. The agency also organizes training workshops; provide basic education and technical support and assistance. These educational programs provide crucial awareness and proper guidelines for all types of workplace discrimination like racial discrimination, sexual harassment, religious discrimination, and discrimination on the basis of age, gender discrimination, racial discrimination and discrimination on the basis of disability, discrimination on the basis of pregnancy and discrimination on the basis of sexual orientation (Equal Employment Opportunity Committee, 1976).

平等就业机会委员会的核心功能是执行民权法律关于工作场所的歧视,例如,歧视的颜色、性别或宗教等委员会还试图识别、评估、评估和根除问题直接关系到工作场所的歧视。平等就业机会委员会直接对所提出的指控进行公正、客观的评估，然后采取纠正措施。他们也有权代表个人和团体的权利提起诉讼。平等就业机会委员会还就劳动力歧视和平等就业机会相关问题的所有方面向联邦政府提供指导和帮助。该机构还组织培训讲习班;提供基础教育和技术支持和援助。这些教育项目为所有类型的工作场所歧视提供了重要的认识和适当的指导方针，如种族歧视、性骚扰、宗教歧视、年龄歧视、性别歧视、种族歧视和残疾歧视，基于怀孕的歧视和基于性取向的歧视(平等就业机会委员会，1976年)。

EEOC also works as a law suitor for the affected employees; the Congress gave that right to EEOC to participate in the case on the behalf of the suitor. EEOC is a federal agency involved with enforcement and regulatory activity. For the year 2010, the complaints and laws suit the agency received were 99,992. Whereas, in the year 1997 the complaints received were 80,680 (International Labor Organization, 2018). The EEOC issued the updated data on discrimination related charges that are filed with the help of the agency. The Wall Street Journal also noted that employment discrimination claims overall had increased, now at a “record high,” totaling 95,402, which represented a 15% increase (Cavico, Muffle, & Mujtaba, 2015).

History/Background历史/背景

The EEOC was founded on July 2, 1965, under the Title VII of the Civil Rights act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA) and the rehabilitation act of 1973. At first, the EEOC only has the right for pacification and minimal investigation but in 1972, Congress passed the equal employment opportunity act which made the most significant improvement in the EEOC. Congress noticed that the title VII of civil rights act 1964 failed to give EEOC the authority to actually enforce the law so as a result, the authority to file legal suits and enforce the implications of Title VII on private employers regarding discrimination by either state or local government is given to Equal employment opportunity commission which further expanded the scope of equal employment opportunity commission from investigation to litigation (Occhialino & Vail, 2005).

根据1964年《民权法案》第七章、1967年《就业年龄歧视法案》、1990年《美国残疾人法案》和1973年《康复法案》，平等就业机会委员会于1965年7月2日成立。起初，平等就业机会委员会只有安抚和调查的权利，但在1972年，国会通过了《平等就业机会法》，使平等就业机会委员会得到了最显著的改善。国会注意到1964年的《民权法案》第七章并没有赋予平等就业机会委员会实际执行该法律的权力，因此，平等就业机会委员会有权就州或地方政府对私人雇主的歧视提起法律诉讼并执行第七条的影响，这进一步扩大了平等就业机会委员会的范围，从调查扩大到诉讼(Occhialino & Vail, 2005)。

Protection of rights of individuals and groups at workplace

The EEOC plays a vital role; the employees who feel that they are discriminated on their workplace can enter a complaint against their employer with the EEOC. Annually, the commission investigates thousands of complaints against discrimination to determine if discrimination happens or not and to what extent it damages the employee.  During the investigation, if a violation of law is found, the EEOC will attempt to conciliate.  If conciliation is not successful, the EEOC can choose to litigate on behalf of the Charging Party (the employee who filed the complaint).  If the EEOC does not choose to litigate, the Charging Party can retain an attorney and file their complaint in federal court.  After 180 days of filing a complaint with the EEOC, without a determination, the Charging Party may request and receive their “right to sue” letter.  This letter gives them authorization to file a suit in the federal court within 90 days of issuance of the letter (Schlanger & Kim, 2014).

Challenges faced by Equal employment opportunity commission平等就业机会委员会面临的挑战

According to (Lipnic, June 2018) EEOC faced many difficulties after taking responsibility for The Age Discrimination in Employment Act (ADEA) in 1979, like increasing ADEA complaints, insufficient resources, inadequate training while simultaneously dealing with piles and piles of over 100,000 charges of Title VII.

根据(Lipnic, 2018年6月)，平等就业机会委员会在1979年承担《就业年龄歧视法》(ADEA)的责任后，面临着许多困难，如日益增多的ADEA投诉、资源不足、培训不足，同时还要处理《就业法》第七章的10万多桩指控。

In the year 1978, Congress sanctioned The Pregnancy Discrimination Act which further increased the role of EEOC as the agency gained more control. Regardless of these issues, EEOC continued to mark significant success with an increasing number of lawsuits.

Likewise, in the 1980s, EEOC gained even more authority in 1990s as Congress further passed laws and regulations. EEOC gained $168.3 millions of record-breaking success which a huge breakthrough of $133 million from Title VII suits in 2014 including many high-profile cases (Occhialino & Vail, 2005).

Human resource practices, Workforce discrimination and Employment laws人力资源实践，劳动力歧视和就业法律

Managing diversity is always been a challenge for Human resource professionals. In the 21st century when the workforce is even more diverse the HR professionals need to have special concerns for employment laws. The culture of the organization plays an important part in achieving equality, enhancing organizational performance and managing diversity. In a survey, 41% of Asian American women addressed the issue of double-standardization at workplace and biases in performance appraisals. When employees regard that their performance rates are biased and their ratings are manipulated because of discrimination organizations tend to face a higher turnover ratio. When a data from a supply distribution center is evaluated, it is found that there is a 4.8% of the difference in performance appraisal rating where the employee sex, supervisor sex, and the supervisor race is considered. Performance ratings are more inclined to rate white workers high than the workers of color. Many researchers agree about the existence of glass ceiling effect that limits the promotion and advancement of women’s, minorities and certain racial groups (Sharma, 2016).

对人力资源专业人士来说，管理多元化一直是一个挑战。在21世纪，劳动力更加多样化，人力资源专业人士需要特别关注劳动法。组织文化在实现平等、提高组织绩效和管理多样性方面发挥着重要作用。在一项调查中，41%的亚裔美国女性谈到了工作场所的双重标准化和绩效评估中的偏见问题。当员工认为他们的绩效评估是有偏见的，他们的评级是被操纵的，因为歧视组织往往面临更高的流动率。当评估来自供应配送中心的数据时，发现在考虑员工性别、主管性别和主管种族的情况下，绩效评估评分有4.8%的差异。与有色人种相比，白人员工的绩效评分更倾向于高。许多研究人员都认为存在玻璃天花板效应，限制了女性、少数民族和某些种族群体的晋升和提升(Sharma, 2016)。

When it comes to religion HR professionals might find it hard to manage a diverse workforce. The SHRM religion and culture survey report 2008 stated that there is a 69% in religious discrimination charges during 1998-2008, more than sex, national origin and race comparatively (Goodwin, Chenhall, & Bilbrey, Jr., 2013).  According to the Council of American-Islamic relations, after the 11 September, 2001 attack the claim of discrimination and mistreatment increased by 15% accordingly. For example, the burqa ban on Muslims in France created a huge commotion in 2004 when headscarf got banned in French public schools and entire nation went to display a systematic act of discrimination. The job satisfaction theory and religiosity have a significant impact on each other because employees always wanted to get accepted at the workplace leading to the overall satisfaction at the workplace in the job itself (Sharma, 2016).

When it comes to workplace discrimination the most debated topic of all time is gender discrimination. The management of equality and workforce diversity differs from society to society but still, biases and discrimination are there (Sharma, 2016). On the other hand, there are a large number of corporations who are actually reluctant to hire and promote women and minorities (Shen, Chanda, Monga, & Netto, 2009). These organizations are actually working to promote the gender-neutral environment for all employees. One of the examples of the company with excellent work ethics and conduct if Cisco. Located in the United States of America, Cisco is an information technology company. According to a survey, 94% of Cisco employees say that this is a great place to work because of its excellent diversity management strategies and approach to employee relations. Cisco was ranked 6th in the list of fortune 100 best companies to work for the best.

Strategies and Actions of HR and Equal employment opportunity commission人力资源与平等就业机会委员会的策略与行动

According to (Shen, Chanda, Monga, & Netto, 2009) there is a strong emphasis on keeping in line the HR strategies with the guidelines of the EEOC. Many researchers have suggested that the organization should interlink the practices of HR and EEOC. Here is how it can be done:

根据(Shen, Chanda, Monga， & Netto, 2009)，将人力资源战略与平等就业机会委员会的指导方针保持一致是非常重要的。许多研究者建议组织应该将人力资源与平等就业机会的实践联系起来。这是如何做到的:

Recruitment and selection – The core function of human resource management is to recruit talent which is free from all biased thoughts and ideas, it can done through judging the values, beliefs, actions and words of the interviewee during the interviews. The multicultural workforce environment needs people who are actually biased free and open to all kinds of ethnic and religious contempt.

Training and development – Career planning and professional advancement are the areas which are more prone to ethnic discrimination proper training, awareness and careful strategies are required to mitigate the potential discrimination. Minorities should be properly evaluated, acknowledged, and included in discussions panels’ while promoting managers. The organization must ensure proper train for each and every individual.

Appraisal – The most controversial area where most discrimination takes place is performance appraisal. The appraisal system should be objective, relevant to the company, relevant to the job and fully based on merit. EEOC suggested the main focus should be on performance and not on personality, color or gender. Therefore, the overall goal is to make appraisals as culture as neutral as possible.

Pay – The wage design, factors, and determinants of compensation management should be based on performance and not on color, gender, and race. The complete compensation packages should be based on one’s skills, knowledge, and abilities.

In all the discussion above the complete role of EEOC and complete alignment of HR policies with EEOC is required to actually mitigate and implement the implications of Equal employment opportunity commission.

Recent Case of Discrimination at work and Equal employment opportunity commission

As discussed earlier, firstly the Equal employment opportunity commission determines the extent of the discrimination, the strong pieces of evidence are collected, and then a proper and systematic examination is conducted upon the pieces of evidence gathers. If the commission is successful in charging the employer then the further case has proceeded, but if the EEOC is unable to charge the guilty party, then the complaint becomes a lawsuit and moved forward to the federal court to proceed. Following are the most recent cases regarding discrimination at the workplace and how equal employment opportunity commission is dealing with it.

Sexual harassment and the implication of EEOC

Sexual harassment comprises an illegal act of discrimination on the basis of sex under Title VII of the civil rights act of 1964 directly enforced by the EEOC. In 2017, EEOC received a total of 26,978 complaints of workplace harassment. About 20% of complaints were made by men and in women; most complaints were filed by black women on the basis of sexual harassment and also a huge number of racial discrimination at the workplace. The #Metoo movement does actually provide the opportunity for women to talk about harassment and discrimination at the workplace more openly (Zugelder, Crosgrove, & Chamoagne, 2018). The target women reported negative issues like less compensation, mental health problems, racial discrimination, and sexual harassment. According to the statistics provided by the official website the EEOC gained $46.3 billion on sexual harassment-related suits at the workplace (Shaw, Hegewisch, & Hess, 2018).

Investigation on Uber against gender discriminationUber针对性别歧视的调查

In august, 2017, the US EEOC started its investigation on Uber. The former software engineer Susan Fowler wrote a blog post regarding the alleged sexual harassment after that EEOC started the investigation on Uber regarding their hiring practices, pay differences and all other significant issues related to gender. At the same time, Uber is facing other federal cases related to their price strategy and bribery claims (BBC News, 2018).

2017年8月，美国平等就业机会委员会开始对优步进行调查。在平等就业机会委员会就优步的雇佣行为、薪酬差异和其他与性别相关的重大问题开始调查之后，前软件工程师苏珊·福勒(Susan Fowler)写了一篇博客文章，讨论所谓的性骚扰。与此同时，优步还面临与价格策略和贿赂指控有关的其他联邦案件。(BBC新闻，2018)

Recommendations

The practices of EEOC have a significant impact on employer practices. If the practices and implications given by EEOC are employed perfectly, there could be a significant decrease in the complaints and lawsuits regarding discrimination on the workplace. The proper framework is required to implement the strategy of diversity management and complete alignment of core HR functions with the EEOC provided guidelines.

Creating the culture of patience, trust, interpersonal cooperation and harmony among employees of a different culture or regional backgrounds.

Equally and fairly treatment among employees, the HR appraisals and compensation management must be entirely based on the performance depicted by the employees and not on the gender or color of the employee.

HR professionals are required to organize the training and development program for the line managers and managers to generate awareness regarding discrimination and how to deal efficiently to minimize the discrimination cases at the workplace.

Systematic audits on the culture, diversity management and pay procedures of the areas where there are more chances of discrimination.

Complete organization-wide alignment and commitment to control process and eradicate the discrimination at the workplace for the better and safe environment for women, minorities, people of color and racial origins.

The complete eradication of all kinds of workplace discrimination should also be added in the long-term goals and strategies of the company.

And for the EEOC, they should cancel the dealings, permits, and licenses of the company involved with any kind of discrimination and should also charge penalties and heavy charges against the companies involved.

As discussed above the recent cases of sexual harassment and gender discrimination, the EEOC is playing an active role to mitigate the dangers of discrimination at the workplace in most of the world organizations.

Conclusion结论

The EEOC is a legal framework body which works on the principles and law passed by Congress. The main aim of this agency is to impose and enforce the laws to mitigate discrimination against religion, national origin, sex (including pregnancy), color, race, (Title VII), disability, age.  In an ever growing multi-cultural, multi-ethnic and multi-lingual diverse workforce, training is imperative to prevent the increasing cases of discrimination.  Without training, policies and practices, employers and employees can expect to see continuing and conflict and discrimination.  As the country becomes increasingly more diverse, it is important the workplace does as well and is done in a way to minimize discrimination.

平等就业机会委员会是一个法律框架机构，它依据国会通过的原则和法律工作。该机构的主要目标是实施和执行法律，以减轻对宗教、国籍、性别(包括怀孕)、肤色、种族、(第七章)、残疾、年龄的歧视。在日益增长的多文化、多种族和多语言的多样化劳动力大军中，培训是必不可少的，以防止歧视案件日益增多。如果没有培训、政策和实践，雇主和雇员可能会看到持续的冲突和歧视。随着这个国家变得越来越多元化，工作场所也要做到这一点，并且在某种程度上减少歧视，这一点很重要。

The article has revealed the main causes, main issues and main agendas of discrimination on the basis of gender. The article also included the recent cases of gender discrimination and how the EEOC is working on it.  Employers can benefit from this diversity by having a diverse labor force. This provides the opportunity for employers to hire people from throughout different ethnicities, races and sexes.  Diverse employees help employers to gain easy market insights from around the world; moreover, hiring employees from a different culture will help organizations build the culture of harmony, utter trust, and cooperation.

The law and regulations guidelines provided by EEOC have even more implications on the systemic cases of discrimination. This federal regulatory body collects information regarding employees. The EEOC has all the relevant information regarding the workforce which helps them to easily target, assess, evaluate and mitigate the chances of discrimination.

平等就业机会委员会提供的法律法规指南对系统性歧视案件的影响更大。这个联邦监管机构收集有关雇员的信息。平等就业机会委员会拥有所有与员工有关的信息，这有助于他们更容易地确定、评估、评估和减少歧视的机会。

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