A/HRC/15/18
related to non-discrimination and equal opportunity. Similarly, the Department of Labor’s
Office of Federal Contract Compliance Programs, at its own initiative, reviews companies
contracting with the federal Government to ensure compliance with requirements, including
non-discrimination. It administers and enforces three legal authorities that require equal
employment opportunity: Executive Order 11246, as amended; section 503 of the
Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment
Assistance Act of 1974, as amended. These laws ban discrimination and require federal
contractors and subcontractors to take affirmative action to ensure that all individuals have
an equal opportunity for employment, without regard to race, colour, religion, sex, national
origin, disability or status as a Viet Nam-era or special disabled veteran. The members were
informed that the two most significant issues related to discrimination in the reviews
conducted by the Office are race and gender discrimination.
21.
In a meeting with the Equal Employment Opportunity Commission, the members
were informed that the main work of the Commission is enforcement of anti-discrimination
laws in employment, including Title VII of the Civil Rights Act of 1964, which prohibits
employment discrimination based on, inter alia, race, colour, and national origin. These
provisions prohibit both intentional and unintentional discrimination, or “disparate impact”
discrimination. While employers are liable for discrimination suffered by employees,
compensatory and punitive damages are available only for intentional discrimination, not
disparate impact. More than 30,000 complaints were received by the Commission last year
concerning racial discrimination. In cases where the Commission finds that discrimination
has taken place, the first stage of dealing with the case is mediation or conciliation. Any
individual can file a charge of discrimination, and 72 per cent of mediated charges are
settled. About $121.6 million was paid in relief last year in the context of mediation or
conciliation of cases. Conciliation and other settlement avenues brought an additional
$170 million. Where mediation or conciliation cases are not settled, the Commission
investigates the case, makes a finding and, where appropriate, turns to litigation. A total of
280 lawsuits were brought by the Commission last year and they enjoyed more than a
90 per cent success rate.
22.
As well as mediation, conciliation and litigation, the Equal Employment
Opportunity Commission also produces policy papers on different issues, such as whether
the practice of employers taking criminal records into account in screening potential
employees has a disparate impact. The members were informed that although the
Commission does not focus on affirmative action, it may be sought as relief in a case.
23.
In a meeting with the Department of State, the members were informed that its
Office of Civil Rights enforces laws related to non-discrimination in employment and other
civil rights laws within the Department. In this Office, as well as a Diversity Officer, there
is a Diversity Governance Council which discusses and addresses issues that may constitute
barriers to promotion. It was emphasized that diversity is a key element of the strategic plan
of the Office. While it was recognized that people of African descent and other ethnic
minorities have been historically underrepresented in the employees of the Department of
State and other Government agencies, the Department representatives explained that they
are working to address this issue and that there are 16 diplomats posted at colleges around
the country looking for diverse candidates for possible employment. Similarly, the
Department runs fellowships each year, whereby it pays for the education of a number of
students in exchange for service with the Department upon graduation. This programme is
also used to promote diversity within the institution.
24.
In several of the Working Group’s meetings with Government departments it was
reiterated that employment quotas were not used by the Government as they would be
discriminatory against those who were not of the racial group that the policy was designed
8
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