Enforcement Efforts in the 1980s
Early Aims at Eliminating Systemic Discrimination
Generally
During the early 1980s, the Commission resolved many of the
systemic investigations started in the previous decade. Moreover,
EEOC continued to focus much of its enforcement efforts on
eliminating discriminatory employment systems that operated to
exclude racial and ethnic minorities and women. Indeed, EEOC was
successful in obtaining substantial, widely publicized relief for
many victims of discrimination. Significantly, the affirmative
relief required by many of these resolutions helped to motivate
appreciable changes in other employers' practices. Some examples
include:
- In 1980, EEOC signed a conciliation agreement with the Ford
Motor Company, which provided $23 million in monetary awards to
minorities and women who had suffered discrimination in hiring and
promotion and provided significant forms of affirmative
relief.
- In l982, EEOC signed a settlement with General Dynamics
Corporation. The settlement provided payment of $900,000 to class
members in a lawsuit alleging race discrimination in job
assignments, transfers, segregated job classifications, and other
discriminatory practices.
- In 1983, the Commission agreed to a settlement with the
Associated Press (AP), the terms of which required AP to provide $2
million in relief and an affirmative action program to increase
representation of blacks, Hispanics, and women in news, editorial,
and news-photography positions.
-
|
Signing of settlement with General Motors |
In 1984, the Commission approved a ground-breaking settlement with
General Motors (GM) and the United Auto Workers, in which
respondents agreed to pay $42.4 million to resolve a Commissioner's
pattern or practice charge of race and sex discrimination. The
settlement provided that GM would promote a substantial number of
minorities and women into managerial jobs, and recruit and train
others for high-paying apprenticeship and craft positions. The
decree emphasized ongoing heavy commitment to education, training
and career development programs over its five-year term, including
payments to 900 employees to attend college and trade schools. This
is the largest non-litigated settlement in EEOC history to date,
and reflected more than a decade's efforts.
- In l985, EEOC approved a settlement with Southern Pacific and
13 unions, which provided $3.4 million in monetary relief, as well
as jobs worth $30 million to remedy discrimination against blacks,
Hispanics, and women.
Broadening Protections for Older Workers
Age discrimination in employment became an important focus for
the Commission in the 1980s. During the first full year of EEOC's
enforcement of the ADEA, charge receipts alleging age
discrimination increased by more than 300 percent, from about 1,600
charges filed in 1979 to almost 6,700 charges in 1980. By 1981, age
discrimination was the fastest growing area of EEOC enforcement.
The growth in ADEA charge receipts continued throughout the 1980s,
as corporate downsizing became increasingly prevalent in America's
workplaces and older workers were being separated in record
numbers.
EEOC responded to the increase in ADEA charge receipts by
winning substantial remedies for victims. Some examples
include:
- A 1980 consent decree with Leo Burnett Company resolved EEOC's
first ADEA lawsuit. The company agreed to pay $375,000 in back pay
to 17 former employees, as well as to provide pension adjustments
because the advertising agency had forced the employees to retire
at age 62.
- A 1982 jury verdict awarded $18.2 million in damages to 112
former pilots and flight engineers who were not permitted to
continue working as flight engineers after age 60 at United
Airlines. A supplemental court judgment in 1983 awarded more than
$2.3 million in additional damages to 18 other former pilots. These
rulings upheld the Commission's argument that age 60 was not a bona
fide occupational qualification for flight engineers.
- A 1986 settlement with Goodyear Tire and Rubber Co. provided
$5.3 million in back pay to 285 persons, and $340,670 in retirement
benefits to 54 other claimants.
There was also substantial Congressional activity involving the
ADEA during the 1980s. For example, Congress amended the ADEA in
1985 to ensure that group health insurance plans provide employees'
spouses ages 65 through 69 with the same coverage they provide to
spouses who are under age 65. In addition, Congress amended the
ADEA twice in 1986, to eliminate the upper age cap (that had been
70) so that the Act applies to all individuals 40 and over, and to
prohibit employers from reducing or discontinuing pension benefit
accruals in pension plans based on age.
Expanding the Rights of Women in the Workplace
During the 1980s, EEOC continued to receive unprecedented and
increasing numbers of sex discrimination charges, receiving almost
180,000 charges during this decade. As charge activity rose, so too
did the number and significance of Commission resolutions. Here is
a sampling.
- A 1980 settlement with Westinghouse Electric Corporation
resulted in abolition of discriminatory pregnancy and
maternity-leave policies, and provided $305,000 in back pay,
restoration of lost seniority, and service credits for affected
employees. The agreement also eliminated many discriminatory
pregnancy and maternity practices, including termination, loss of
pay, and loss of reinstatement and rehire rights.
- A 1982 settlement resolved six lawsuits which alleged that
Minnesota Mining and Manufacturing Company discriminated against
women in job assignments, wages, promotions, transfers, and other
terms and conditions of employment. The settlement required
elimination of these practices and provided approximately $2.3
million to 2,350 women.
- A 1985 settlement with Teachers Insurance Annuities Equities
Fund required $9.8 million in benefits to be recalculated in a
sex-neutral manner, benefitting some 800,000 workers.
- A 1985 consent decree with Allstate Insurance Company resolved
an EPA lawsuit, alleging that the company paid a lower guaranteed
minimum salary to females than to males performing the identical
job of sales agent. Under this decree, $5 million was distributed
to approximately 3,200 women.
One new focus of employment discrimination law during this
decade was in the area of sexual harassment. EEOC issued its first
Guidelines on Sexual Harassment in 1980. In the Guidelines, the
Commission declared that sexual harassment was prohibited sex
discrimination under Title VII and provided definitions of two
types of sexual harassment: (1) quid pro quo (in which employment
decisions are conditioned upon the grant of sexual favors); and (2)
hostile work environment (in which unwelcome sexual conduct rises
to the level where it affects the workplace environment). The
Guidelines held employers responsible for not only their specific
acts, but also for the acts of their supervisory employees or
agents. Six years later, the Supreme Court largely followed the
Commission's guidelines in Meritor v. Vinson
(1986). The Commission issued additional guidance in 1989 on
employer liability for sexual harassment. This guidance addressed
the issue of the circumstances under which an employer is liable
for the actions of its supervisory personnel, and provided that
under certain circumstances, employers were vicariously liable for
such actions.
Combating Discrimination for Immigrants and National Origin
Minorities
In 1980, EEOC revised its Guidelines on National Origin
Discrimination to clarify the rights of employees to use their
native tongue at the workplace, prohibiting blanket English-only
rules and permitting limited rules only upon a showing of business
necessity. The Guidelines also state that employers are liable for
harassment in the workplace based on national origin.
When Congress passed the Immigration Reform and Control Act of
1986 (IRCA), which amended the Immigration and Nationality Act,
EEOC increased its efforts to combat national origin
discrimination. IRCA contained provisions stating that employers
could be sanctioned and fined for knowingly hiring undocumented
workers. Some employers, in an effort to avoid violating IRCA's
immigration rules, simply discriminated against all workers who
were foreign- looking, had foreign accents, or had foreign-sounding
names by refusing to hire them. As a result, many employees,
especially in border states, were in effect denied employment
because of their national origin. In 1989, EEOC signed a Memorandum
of Understanding (MOU) with the Department of Justice's Office of
Special Counsel for Immigration-Related Unfair Employment Practices
to coordinate processing of charges alleging national origin or
citizenship discrimination. The agencies also jointly published
easy to understand booklets for both employers and workers,
explaining the nondiscrimination requirements under Title VII and
IRCA.
Next: Supreme
Court in the 1980s
|