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| EMPLOYMENT DISCRIMINATION – AN OVERVIEW |
Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation.
Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. A partial list follows: |
| The Equal Pay Act amended the Fair Labor Standards Act in 1963 |
| The Equal Pay Act prohibits employers and unions from paying wages based on sex. It provides that where workers perform equal work in jobs requiring “equal skill”, effort, and responsibility and performed under similar working conditions, they should be provided equal pay. |
| Title VII of the Civil Rights Act of 1964 |
| This law prohibits discrimination in many more aspects of the employment relationship. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants. Labor Organizations are also prohibited from basing membership or union classification on race, color, religion, sex or national origin. |
| The Age Discrimination in Employment Act (ADEA) |
| This law prohibits employers from discriminating on the basis of age. An employee is protected from discrimination based on age if he or she is over 40. The ADEA contains explicit guidelines for benefit, pension and retirement plans. |
| The Rehabilitation Act |
| This law’s purpose is to “promote and expand employment opportunities in the public and private sectors for handicapped individuals.” though the elimination of discrimination and affirmative action programs. Employers covered by the act include agencies of the federal government and employers receiving federal contracts over $2500 or federal financial assistance. |
| The American with Disabilities Act (ADA) |
| This law was enacted to eliminate discrimination against those with handicaps. It prohibits discrimination based on a physical or mental handicap. |
| The Equal Opportunity Employment Commission (EEOC) |
| This law interprets and enforces the Equal Payment Act, Age Discrimination in Employment Act, Title VII, Americans With Disabilities Act, and sections of the Rehabilitation Act. The commission was established by Title VII. It’s enforcement provisions are contained in section 2000e-5 of Title 42, and its regulations and guidelines are contained in Title 29 of the Code of Federal Regulation, part 1614. |
| State statutes also provide extensive protection from employment discrimination. Some laws extend similar protection as provided by the federal acts to employers who are not covered by those statutes. Other statutes provide protection to groups not covered by the federal acts. A number of state statutes provide protection for individuals who are performing civil or family duties outside of their normal employment. |
| The information contained in this article is intended to provide useful information, but it should not be construed as legal advice. For specific legal advice, please consult with your attorney. |
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Phone 920-451-1313