The Equal Employment Opportunities Commissions, The Rehabilitation Act
Administrative Law
Question 1
The Equal Employment Opportunities Commissions was established in the year 1965 following a 1961 directive by the then president John F. Kennedy. The directive required that all government contractors to take affirmative action to ensure that all employees’ area treated well and that they are treated equally during employment regardless of their color, creed, race or national origin. The mandate of the Commission is specified under Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967(ADEA), the rehabilitation Act of 1973, The Americans with Disabilities Act (ADA) OF 1990 and the ADA Amendments Act of 2008.
Title VII of the Civil Rights Act of 1964, which is usually coded as subchapter VI of chapter 21 of the United States Code, prohibits discrimination by the covered employers on the basis of race, color, religion, sex or national origin (42 U.S.C § 2000e-2). The covered employees entails the employees who have 15 or more employees for every working day in each of the twenty or more calendar weeks in the current or preceding calendar year as defined in section 42 U.S.C § 2000e (b).
Question 1
The Equal Employment Opportunities Commissions was established in the year 1965 following a 1961 directive by the then president John F. Kennedy. The directive required that all government contractors to take affirmative action to ensure that all employees’ area treated well and that they are treated equally during employment regardless of their color, creed, race or national origin. The mandate of the Commission is specified under Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967(ADEA), the rehabilitation Act of 1973, The Americans with Disabilities Act (ADA) OF 1990 and the ADA Amendments Act of 2008.
Title VII of the Civil Rights Act of 1964, which is usually coded as subchapter VI of chapter 21 of the United States Code, prohibits discrimination by the covered employers on the basis of race, color, religion, sex or national origin (42 U.S.C § 2000e-2). The covered employees entails the employees who have 15 or more employees for every working day in each of the twenty or more calendar weeks in the current or preceding calendar year as defined in section 42 U.S.C § 2000e (b).
The Age Discrimination in Employment Act of 1967, coded as 29 U.S.C. § 621 through 29 U.SC. § 634, prohibits discrimination in employment against anyone of at least 40 years of age in the United States (29 U.S.C. § 631 (A)). The act covers the discrimination in hiring, promotions, wages or termination of employment and layoffs. It prohibits Advertisements, statements and specification sin job notices with age preference and limitations. Prohibits denial of benefits to older employees.
The Rehabilitation Act of 1973, codified as 29 U.S.C § 701 requires nondiscrimination in employment by Federal agencies of the executive branch. Section 503 requires prohibits discrimination by Federal government contractors and subcontractors with contracts of more than $ 10,000.
The Americans with Disabilities Act of 1990 codified as 42 U.S.C. ch. 126 § 12101 et seq. protects the disabled against discrimination in job opportunities. It is very similar with eth Civil Rights Act of 1964 but it requires employers to provide reasonable accommodation to employees with disabilities and imposes accessibility requirements on public accommodations. The ADA Amendments Act of 2008 expanded the scope of coverage for people with disabilities.
Question 2
The commission has its regulations in the requirements of evidence and testimony submitted during the hearing process. A witness testimony is given under the oath or affirmation and penalty of perjury. The Administrative Judge or the court reporter administers the oath to each witness and identifies the witness before they begin testifying (EEOC, 2002).
Generally, the testimonies accepted before the court should show knowledge and a correlation in the occurrences described in the case. Hearsay testimony may be accepted but only if it’s relevant to the case. Leading questions are prohibited from the side of complainant. In cases where the parties need to produce expert testimonies, the expert must be qualified. In this case the Administrative Judge will require that the parties produce documents of qualifications of the experts such as the Certificates, CV and other relevant certifications (EEOC, 2002).
Exhibits are allowed but should be relevant to the case. They should be recorded, marked and identified as exhibits by the Administrative Judge. The accused party should be shown the exhibit and allowed to cross-examine the witness...
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