Selected Laws

Posts Tagged ‘Discrimination’

Employers have the right to make employment-related decisions that are essential to a company’s success. However, some of them tend to abuse their power by subjecting their employees to illegal employment practices.

One of these practices is making decisions that are based on an applicant or employee’s protected characteristics. The law tries to protect employees against workplace discrimination by imposing federal anti-discrimination laws, which include the following:

Title VII of the Civil Rights Act of 1964

It prohibits employers from performing discriminatory practices against employees or applicants on the basis of color, race, sex, religion, age, disability, national origin. In addition, it protects employees from retaliation if they have asserted their rights in workplace or filed a discrimination complaint.

Title VII applies to private employers who have at least 15 workers, employment agencies, labor organizations, the federal government, state governments and their political agencies and subdivisions, and joint labor management committees that control trainings and apprenticeships.

The main reason why it was enforced is to prevent discrimination in all areas of employment including the following:

Firing
Promotion, transfer, or layoff
Recruitment
Job advertisements
Fringe benefits

Age Discrimination in Employment Act (ADEA)

Under ADEA, employers are prohibited from discriminating against applicants or workers who are 40-years-old and above. It applies to all private employers who have at least 20 workers, interstate agencies, the federal government, labor unions, and employment agencies.

It also provides protection to state government employees. However, these employees are prohibited from filing a case in court if they suffered from age discrimination. They can only file a complaint with the Equal Employment Opportunity Commission (EEOC).

Equal Pay Act (EPA)

It requires employers to provide equal compensation to male and female employees who have the same job responsibilities. However, these employees can have different salaries if the employer has based his decision on factors other than gender like merit or seniority.

Americans with Disabilities Act (ADA)

It prohibits local and state governments, private employers who have at least 15 employees, labor unions, and employment agencies from performing discriminatory actions against qualified disabled individuals in all aspects of employment.

A disabled employee or applicant will be qualified for the job if he can perform his job duties, even without reasonable accommodation.

Genetic Information Non-Discrimination Act (GINA) of 2008

Employers are prohibited from using an employee or applicant’s genetic information as a basis when making employment decisions. In addition, they are also prohibited from requiring workers to provide such information.

This article is not meant to be interpreted as a legal advice. To know the available legal options regarding your case, consult an Employment Law Attorney for more information.

Find More Federal Law Articles

Discrimination in employment is prohibited by a series of federal laws. These laws are the following:

(a) Title VII of the Civil Rights Act of 1964, as amended (commonly referred to as “Title VII”);

(b) Title I of the Americans with Disabilities Act of 1990 (ADA);

(c) The Age Discrimination in Employment Act of 1967, as amended (ADEA);

(d) The Equal Pay Act of 1963 (EPA);

(e) The Civil Rights Act of 1991 (often referred to as “CRA of 1991″); and

Section 501 of the Rehabilitation Act of 1973, as amended.

Title VII prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin.

The ADA prohibits employers from discriminating in employment on the basis of disability, in the public sector and in the private sector, but excludes the federal government.

The ADEA prohibits employers from discriminating against persons 40 years of age and older.

The EPA prohibits employers from discriminating on the basis of gender in how they pay for substantially similar work under similar conditions.

The CRA of 1991 provides for monetary damages (including punitive damages) in cases of intentional (willful) discrimination and clarifies provisions about disparate impact actions.

The Rehabilitation Act, Section 501, prohibits discrimination in employment against federal employees with disabilities.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the main federal statutes prohibiting discrimination in employment. The headquarters of the EEOC are located in Washington, D.C., and there are regional offices and local field offices throughout the country. Check telephone information under Federal Government listings for a contact phone number, if you think you may have been subjected to employment discrimination.