Employment has often been characterized with issues of equality and discrimination on the basis of gender, disability, nationality, religion, age, sexual orientation, ethnicity, race and socio-political affiliation. Equality and discrimination are both governed by the principle that all employees should be treated equally. The fight for equality in employment has been advocated by the government, various social groups and organizations as well as individuals have helped further the development of equality. Like all other fights for social justice, which seek for equality among people, the fight against discrimination in employment has been furthered by the 1972 Equal Employment Opportunity Act (EEOC).
The EEO Act forms the legal front upon which equality is sought for all people in the employment sectors. The act forms the basis of the Equal Employment Opportunity Commission (EEOC) and program, which further equality in the employment sector. EEOC is a federal agency tasked with enforcing laws, which further equality and prevent discrimination at the workplace. The commission is tasked with the investigation of discrimination complaints based on nationality, colour, origin, race, sex, religion, age, disability or retaliation for participating or reporting discriminatory practice. EEOC also conducts mediation on various discrimination cases before their investigations. The commission also has a mandate to file legal suits against discriminating employees on behalf of the discriminated. The commission also adjudicates claims by victims against the federal agencies. In a bid to highlight the engagements of EEOC, this paper highlights a case in which EEOC intervenes in an employment dispute at Fry’s Electronics.
In the case filed by EEOC- EEOC v. Fry's Electronics, Inc., 2:10-CV-1562-RSL-the commission cited non-compliance to retaliation and sexual harassment regulations under the 1964 Civil Rights Act-TITLE VII. Fry’s Electronics, which is a retailer of consumer electronics and software, is accused of firing Ka Lam for supposedly reporting a sexual harassment case to the company’s legal department. According to the case a store manager at one of Fry’s outlets sexually harassed a sales lady-America Rios-by sending her texts with sexually suggestive content and as invitations for a drink. Lam was later fired after reporting the case, but the company cited poor performance as the cause of termination. The offered reason was apparently in contrast to the consistent commendation made about his work.