Employment Discrimination
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 Fifth and Fourteenth Amendments of the United States
Constitution limit the power of the federal and state governments to
discriminate. The Fifth amendment has an explicit requirement that the
federal government not deprive individuals of "life, liberty, or property,"
without due process of the law. See U.S. Const. amend. V. It also
contains an implicit guarantee that each person receive equal protection
of the laws.
Discrimination in the private sector is not directly constrained by the
Constitution, but has become subject to a growing body of federal and
state statutes.
The Equal Pay Act amended the Fair Labor Standards Act in 1963. The
Equal Pay Act prohibits paying wages based on sex by employers and
unions. It does not prohibit other discriminatory practices bias in hiring. 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.
The Fair Labor Standards Act applies to employees engaged in some
aspect of interstate commerce or all of an employer's workers if the
enterprise is engaged as a whole in a significant amount of interstate
commerce.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in many
more aspects of the employment relationship. It applies to most
employers engaged in interstate commerce with more than 15
employees, labor organizations, and employment agencies. 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 classifications on race, color, religion, sex, or
national origin.
The Nineteenth Century Civil Rights Acts, amended in 1993, ensure all
persons equal rights under the law and outline the damages available to
complainants in actions brought under the Civil Rights Act of 1964, Title
VII, the American with Disabilities Act of 1990, and the Rehabilitation Act
of 1973.
The Age Discrimination in Employment Act (ADEA) prohibits employers
from discriminating on the basis of age. The prohibited practices are
nearly identical to those outlined in Title 7. 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's purpose is to "promote and expand
employment opportunities in the public and private sectors for
handicapped individuals," through 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) was enacted to eliminate
discrimination against those with handicaps. It prohibits discrimination
based on a physical or mental handicap by employers engaged in
interstate commerce and state governments. The type of discrimination
prohibited is broader than that explicitly outlined by Title VII.
The Black Lung Act prohibits discrimination by mine operators against
miners who suffer from "black lung" (pneumoconiosis).
The Equal Opportunity Employment Commission (EEOC) interprets and
enforces the Equal Payment Act, Age Discrimination in Employment
Act, Title VII, Americans With Disabilities Act, and sections of the
Rehabilitation Act.
State statutes such as California Fair Employment and Housing Act
(FEHA) 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.
Retrieved from:
"http://www.law.cornell.edu/wex/index.php/Employment_discrimination"
and modified by Troy Aykan
Content is available under a Creative Commons Attribution-Share
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