Unemployment is created from different situation. No qualified person shall, on the basis of their sex, race, religion, or sexual orientation, be subjected to discrimination in employment under any program or activity to which this part applies. Even though there are many people in various career fields working to prevent any and all forms of discrimination in their work environments, discrimination still exists today—and it exists in the places in which we work. And because of this, somewhere along the line employees have heard references to “equal employment opportunity” (or EEO), “affirmative action,” and “diversity management.” 

Employees have heard these terms during some form of training you were required to take, or perhaps you overheard a conversation between an EEO Manager and a Special Emphasis Program Manager. The question I ask my self; do employees know what these terms mean? Why they’re important? Or how they’re different? Equal employment opportunity—or, EEO—is the ultimate goal of laws mandated by the Federal government to make specific types of discrimination illegal.

Affirmative action, on the other hand, refers to positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. Diversity management, however, does not involve legal requirements. Diversity management involves encouraging tolerance and respect, with the intention of enabling every employee to maximize his or her performance. Diversity management strives for true inclusiveness; that is, not just tolerance of certain differences as mandated by law, but true valuation of the rights, feelings, and needs of all individuals.

Though these terms describe different actions with varying intentions and objectives, they do have a shared goal—one common purpose that binds them together—and that is to enable all individuals to work to their potential unhindered by prejudice and discrimination. In short, the goal of Equal Employment Opportunity, or EEO, is to eliminate illegal discrimination in the employment process. Under EEO law, only job-related factors can be used to determine whether an individual is qualified for a particular job. EEO is the ultimate goal of these laws that make some types of discrimination in employment illegal. EEO is not a guarantee of employment for anyone, but EEO will become a reality when everyone has an equal chance to enjoy the benefits of employment.

There are five EEO laws that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, or handicap in any terms, conditions, or privileges of employment. These five laws are:

·         The Equal Pay Act of 1963, as amended.

·         Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 and the Pregnancy Disability Act of 1978.

·         The Rehabilitation Act of 1973, as amended.

·         The Age Discrimination in Employment Act of 1967, as amended.

·         And the Civil Rights Act of 1991 Discrimination based on sexual orientation, while not covered under any specific Civil Rights laws, is addressed in an Executive Order as a prohibited form of discrimination in the Federal government.

Ideally, EEO laws and affirmative action programs combine to achieve equal employment opportunities. Affirmative action is about getting people past exclusions and into jobs. Even after laws were passed requiring that all people shall be provided an equal opportunity in the employment process, major under-representation of specific groups of people still existed. So much so that employers were asked to evaluate how such a condition could exist. In these evaluative processes, it was found that the effects of past discrimination were so prevalent and invasive that special affirmative measures needed to be utilized to remove barriers and open up employment to a more diverse applicant group.

In 1965, President Lyndon Johnson signed an Executive Order requiring government  

contractors to “take affirmative action” toward prospective minority employees in all  

aspects of hiring and employment.  The Executive Order required Federal contractors to:

“Take affirmative action to ensure that applicants are employed, and that employees are  

treated during employment without regard to their race, creed, color, or nation origin.” In  

1967, Johnson expanded the Executive Order to include affirmative action requirements  

to benefit women.   The purpose of affirmative action is to correct the effects of past  

discrimination and to achieve the goal of a workforce that represents our Nation’s diverse  

population. Classes covered under affirmative action include minorities (Hispanic,  

African-American, Asian American/Pacific Islander, Native American), women, and  

individuals with disabilities. In Federal employment, extra effort must be made to include

qualified minorities, women, employees over 40, and the disabled at grade levels and in

job categories where they are underrepresented.

The goals of diversity management are flexibility and inclusion—treating all people  

with respect and dignity and in an equitable way. Diversity management covers ALL  

people and ALL differences, not just protected classes. The differences considered in  

diversity initiatives go beyond the legal definition of protected classes. They include all  

of the ways in which people differ, including innate characteristics (such as age, race, 
gender, ethnicity, mental and physical abilities, and sexual orientation) and acquired  

characteristics (such as education, income, religion, work experience, language skills,  

geographic location, and family status) Diversity management is a process intended to  

create and maintain a positive work environment where the similarities and differences of  

individuals are valued, so that all can reach their potential and maximize their contributions 
to an organization's strategic goals and objectives.

Although diversity management is freed from legal constraints, the benefits of effective diversity programs are invaluable to any organization. For example, when good people are hired through intensive outreach efforts, if they feel unwelcome, they are likely to leave the organization. Organizations can reduce turnover rates and recruitment costs by developing and maintaining effective diversity initiatives that promote an environment that works for everyone, regardless of innate or acquired characteristics.

These three programs—EEO, affirmative action, and diversity management—differ in  

regulatory or legal basis, program goals, and the people they cover. We’ve already spent

some time talking about these issues, but there are also differences between avenues of

redress and responsibilities of agency employees.

Under Equal Employment Opportunity, it is a violation of EEO law when discriminatory acts are committed by employers, managers, supervisors, or employees. The most common form of discrimination which can be committed by a person without supervisory responsibility is that of harassment. The EEO complaints process is the main avenue of recourse for an individual who feels that they have been discriminated against because of their membership in one of the seven protected classes. If an agency has a union, it may be that the union grievance procedure is also an avenue that the bargaining unit member may use. Agencies must stop the discrimination and “make whole” the individuals discriminated against. They must also assure that the act does not happen again and that retaliation does not take place against the individual who filed the  

complaint.     

It is a violation of Affirmative Action when employers do not make efforts to remove  

barriers and to hire people of diverse backgrounds, continuing instead to have under- 

representation of minorities, women, or individuals with disabilities. The EEO Discrimination Complaints Process can be used to allege that the agency’s policies, practices, and procedures are discriminatory. The EEOC may call an agency to ask if there is evidence that the agency’s Affirmative Employment Plan is not effective. Third party groups may lobby an agency, calling attention to widespread discriminatory practices. Affirmative Action Plans, or Affirmative Employment Plans (AAPs and AEPs), are written plans for programs required by Executive Order 11478 and other laws and regulations. AAPs may contain studies that show how the workforce has been used, and they may include goals and timetables for increasing the representation of protected class members in those areas where they have been under-represented.

Once the barrier is identified, agencies must take specific steps which will remove the  

barrier and then show that the people who have been discriminated against in the past are  

now represented at higher rates. Failing voluntary action, organizations could be required

to implement action items and, in extreme cases, could have hiring quotas imposed by  

court order. Diversity’s main focus is on understanding and acceptance, not merely tolerance.  

A violation related to diversity management occurs when an individual is denied equitable treatment for reasons unrelated to equal employment opportunity, or is made to feel excluded. Diversity recourse includes administrative grievance procedures, negotiated grievance procedures, and appeals processes. If the unfair treatment is based on one of the protected 
EEO classes, a formal EEO complaint process can be employed.

The other major difference between EEO, Affirmative Action, and diversity management  

is the assignment of responsibility for these programs. For EEO, line managers have the  

first responsibility to assure that their personnel actions are free from discrimination and  

to make sure that the people working for them are also not engaging in discriminatory  

behavior. All employees are prohibited from engaging in harassing behavior (based on  

religion, race, color, national origin, sex, disability or sexual orientation). EEO staff is  

responsible to make sure employees are aware of their rights and to assure that the  

discrimination complaints process is in place and working. For AFFIRMATIVE  

ACTION, line managers should assure the removal of barriers, EEO staff and Special  

Emphasis Program Managers should help identify barriers and solutions, and the HR  

office should help with recruitment and barrier analysis. Line managers have the first  

responsibility in assuring that their workforce is diverse through recruiting and hiring  

practices that allow diversity to naturally occur. The EEO office assists line management  

in assessing under-representation, analyzing statistics to identify specific problems or  

barriers and then developing workable solutions to remove those barriers.

Special Emphasis Program Managers can play a major role in helping management  

analyze policies, practices, and procedures which may present barriers to the hiring and  

advancement of women, minorities, and individuals with disabilities. For diversity management, responsibility begins at the very top of an organization. Leadership, role modeling, and accountability are the primary keys to success for ANY workplace environmental change, and that’s EXACTLY what diversity management involves. For DIVERSITY MANAGEMENT, other responsible personnel include line managers, who should treat all employees EQUITABLY and assure that subordinates do the same. And ALL employees should treat each other with respect. The differences and similarities between these three terms—diversity management,

EEO, and affirmative action—may sometimes get confusing. Thankfully, there are a number of training courses available that can help increase understanding.