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126 | Recruitment and Selection Law for Local Government Employers
Sandy is also correct on this point. As discussed in detail in Appendix 2, local government and community college employers will likely violate the Equal Protection Act of the U.S. Constitution if they adopt affirmative action17 plans without a strong basis in evidence showing that the employer engaged in discrimination in the past and that there are present and continuing effects of that past discrimination.18 In most cases, public employers should not advertise themselves as “affirmative action” or “AA” employers. Employers may advertise themselves as “equal employment opportunity” or “EEO” workplaces as a way of signaling that they do not discriminate and that they seek applications from persons of different race, color, gender, religion, national origin, and age and with and without disabilities.19 However, there is no requirement that employers include the “equal employment opportunity” designation on their job postings, nor does any legal liability flow from not including it.20
After Sandy’s edits, the advertisement for Paradise County’s accountant opening reads as follows:
Paradise County seeks accountant.
Duties:
•
Performs general accounting duties such as maintaining a general ledger, making journal entries, advising supervisors in regard to appropriate balances and fund transfers, and reconciling trial balances, bank statements, and accounts.
•
Assists in the development and implementation of new accounting procedures and systems in order to provide a clear audit trail of financial transactions.
17. See Appendix 2, Section App. 2.1.
18. See Appendix 2, Section App. 2.3.
19. See, e.g., Equal Employment Opportunity Commission, Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act (January 1992), at V-2 (“Employers may wish to indicate in job advertisements and notices that they do not discriminate on the basis of disability or other legally prohibited bases. An employer may want to include a statement such as: “We are an Equal Opportunity Employer. We do not discriminate on the basis of race, religion, color, sex, age, national origin, or disability.”).
20. See Lewis v. Tobacco Workers’ Int’l Union, 577 F.2d 1135, 1143 (4th Cir. 1978) (about a union’s failure actively to promote its image as an equal opportunity employer, the court said, “[w]e do not think a failure of the company to announce innocence is a violation of Title VII”); EEOC v. Sheet Metal Workers Int’l Ass’n, Local No. 122, 463 F. Supp. 388, 425 (D. Md. 1978) (union’s failure to publicize its nondiscrimination is not a basis for imposing Title VII liability).
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| Title | Recruitment and selection law for local government employers - Page 142 |
| Full Text | 126 | Recruitment and Selection Law for Local Government Employers Sandy is also correct on this point. As discussed in detail in Appendix 2, local government and community college employers will likely violate the Equal Protection Act of the U.S. Constitution if they adopt affirmative action17 plans without a strong basis in evidence showing that the employer engaged in discrimination in the past and that there are present and continuing effects of that past discrimination.18 In most cases, public employers should not advertise themselves as “affirmative action” or “AA” employers. Employers may advertise themselves as “equal employment opportunity” or “EEO” workplaces as a way of signaling that they do not discriminate and that they seek applications from persons of different race, color, gender, religion, national origin, and age and with and without disabilities.19 However, there is no requirement that employers include the “equal employment opportunity” designation on their job postings, nor does any legal liability flow from not including it.20 After Sandy’s edits, the advertisement for Paradise County’s accountant opening reads as follows: Paradise County seeks accountant. Duties: • Performs general accounting duties such as maintaining a general ledger, making journal entries, advising supervisors in regard to appropriate balances and fund transfers, and reconciling trial balances, bank statements, and accounts. • Assists in the development and implementation of new accounting procedures and systems in order to provide a clear audit trail of financial transactions. 17. See Appendix 2, Section App. 2.1. 18. See Appendix 2, Section App. 2.3. 19. See, e.g., Equal Employment Opportunity Commission, Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act (January 1992), at V-2 (“Employers may wish to indicate in job advertisements and notices that they do not discriminate on the basis of disability or other legally prohibited bases. An employer may want to include a statement such as: “We are an Equal Opportunity Employer. We do not discriminate on the basis of race, religion, color, sex, age, national origin, or disability.”). 20. See Lewis v. Tobacco Workers’ Int’l Union, 577 F.2d 1135, 1143 (4th Cir. 1978) (about a union’s failure actively to promote its image as an equal opportunity employer, the court said, “[w]e do not think a failure of the company to announce innocence is a violation of Title VII”); EEOC v. Sheet Metal Workers Int’l Ass’n, Local No. 122, 463 F. Supp. 388, 425 (D. Md. 1978) (union’s failure to publicize its nondiscrimination is not a basis for imposing Title VII liability). |
