Food-Service-Manual-for-Health-Care-Institutions

the law. That is, they must seek out, hire, and advance reasonably well-qualified individuals
who belong to racial, sexual, or ethnic groups that because of discrimination have been underrepresented
in the past. Also protected by the affirmative action mandate are individuals with
physical and mental challenges.
Vietnam Era Veterans Readjustment Assistance Act of 1974
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act prohibits discrimination
against disabled veterans in general. It applies specifically to veterans of the Vietnam war.
Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act represents an amendment to Title VII of the 1964 Civil
Rights Act. This law prohibits discrimination against workers on the basis of pregnancy, recent
childbirth, or related medical conditions. It applies to employment practices and to qualification
for employee benefits.
Interpretive Guidelines on Discrimination Because of Sex, National Origin, and Religion
Under Title VII of the Civil Rights Act amended in 1972, the EEOC generally prohibits discrimination
in employment on the basis of gender. The EEOC has issued interpretive guidelines
that state that employers have an affirmative duty to maintain a workplace free from sexual
harassment and intimidation. Under these guidelines, employers are totally liable for the acts
of their supervisors, regardless of whether the employer is aware of the sexual harassment. The
guidelines state that harassment on the basis of sex is a violation of Title VII when such conduct
has the purpose or effect of substantially interfering with a person’s work performance or
creating an intimidating, hostile, or offensive work environment. Sexual harassment in the
workplace is defined as subjecting a person to unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature. Sexual harassment is illegal
under any one of the following conditions:
• When an employee is required to submit to such conduct as a condition of his or her
continued employment
• When an employee’s submission to such conduct is made the basis of a hiring decision
• When an employee’s subjection to such conduct has the purpose or effect of unreasonably
interfering with his or her work performance
• When such conduct creates an intimidating, hostile, or offensive working environment
for employees
In 1993 EEOC issued a definition of harassment: “It is unlawful harassment if there is verbal
or physical conduct that denigrates or shows hostility or aversion towards an individual
because of race, color, religion, gender, national origin, age or disability, or that of their relatives,
friends, or associations and that:
• has the purpose or effect of creating an intimidating, hostile, or offensive working
environment;
• has the purpose or effect of unreasonably interfering with an individual’s work performance;
or
• otherwise adversely affects an individual’s employment opportunities.”
Ethnic slurs and other verbal or physical conduct relating to an individual’s national origin
constitutes harassment. Racial jokes are an example of what might constitute ethnic harassment.
Employers have an obligation to accommodate religious practices unless they can demonstrate
a resulting hardship. The guidelines identify methods that would accommodate religious
practices that include voluntary substitutes, flexible scheduling, lateral transfer, and change of
job assignment.
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