Employment Discrimination Law
There are several federal employment discrimination laws, some very well-know and some less so:
- Title VII of the Civil Rights Act of 1964 prohibits discrimination based on color, gender, national origin, pregnancy, race, religion, and sex, including sexual harassment;
- The Civil Rights Act of 1991 provides for monetary damages in cases where there is intentional employment discrimination;
- The Age Discrimination in Employment Act (ADEA) helps protects employees who are 40 years of age or older;
- The Americans with Disabilities Act (ADA) and Rehabilitation Act disallows discrimination against qualified individuals with disabilities;
- The Equal Pay Act addresses unequal pay related to gender;
- The Family and Medical Leave Act (FMLA) guarantees time off for specific health conditions, without putting the worker’s employment in jeopardy; and
- Title II of the Genetic Information Nondiscrimination Act (GINA) makes it illegal to discriminate based on genetic information about an applicant, employee, or former employee
Most of these Acts are interpreted and enforced by the Equal Employment Opportunity Commission (EEOC), which also supervises and coordinates all federal equal employment opportunity practices, policies and regulations.
These laws and policies set out specific procedures necessary to pursue any claims for employment discrimination. One must first file a discrimination charge with the EEOC, or if available, with his local Fair Employment Practices Agency (FEPA), and before pursuing a civil lawsuit, the employee must receive a “right to sue” notice from the agency. Additionally, these procedures set out specific time limits for filing.
To consult State Legislation regarding Employment and Labor Law please visit our Department of Labor by State page. Visit us at Google+ Copyright HG.org
Employment Discrimination Law - US
- Age Discrimination Act of 1975
Pursuant to regulations prescribed under section 6103 of this title, and except as provided by section 6103(b) of this title and section 6103(c) of this title, no person in the United States shall, on the basis of age, be excluded from participation, in be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.
- Americans with Disabilities Act
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.
- EEOC - Types of Discrimination
Learn about the various types of discrimination prohibited by the laws enforced by EEOC. We also provide links to the relevant laws, regulations and policy guidance, and also fact sheets, Q&As, best practices, and other information.
- Employment Discrimination - 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. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
- Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
- Equal Pay Act of 1963
The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC prohibits sex-based wage discrimination between men and women in the same establishment who are perfroming under similar working conditions. Cross references to the EPA as enacted appear in italics following the section heading. Additional provisions of the EPA are included as they appear in volume 29 of the United States Code.
- Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) , which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. F
- National Origin Discrimination
It is unlawful to discriminate against any employee or applicant because of the individual's national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, linguistic characteristics common to a specific ethnic group, or accent. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group.
- Pregnancy Discrimination
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
- The Genetic Information Nondiscrimination Act of 2008 (GINA)
An Act to prohibit discrimination on the basis of genetic information with respect to health insurance and employment.
- Title VII of the Civil Rights Act of 1964
An Act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.
- US Department of Labor - Major Laws of the Department of Labor
The Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 10 million employers and 125 million workers.
Employment Discrimination Law - International
- EU Employment, Social Affairs and Equal Opportunities
Article 13, introduced in the Amsterdam Treaty (entered into force in 1999) gives the Community specific powers to take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
- International Labor Rights Forum
ILRF is an advocacy organization dedicated to achieving just and humane treatment for workers worldwide. Millions of workers around the world toil under inhumane working conditions. In a globalized economy, corporations from developed countries produce consumer goods ranging from coffee to cellphones in poor developing countries, where they can take advantage of cheap labor and lack of environmental or community protections.
- International Labour Organization (ILO)
The International Labour Organization (ILO) is devoted to advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues.
- International Movement Against All Forms of Discrimination and Racism (IMADR)
The International Movement Against All Forms of Discrimination and Racism (IMADR) is an international non-profit, non-governmental human rights organization devoted to eliminating discrimination and racism, forging international solidarity among discriminated minorities and advancing the international human rights system.
Organizations Related to Employment Discrimination
- Employment and Disability Institute
EDI is a leading resource on employment and disability information for businesses, lawmakers, federal and state agencies, educational institutions, unions, and service providers. The institute provides research, technical assistance, training, scholarly reports, and training publications to this wide array of customers to support the contributions of people with disabilities and ensure their full inclusion in their communities.
- Equal Rights Advocates
ERA works to eradicate illegal discriminatory practices that deny women advancement opportunities, equal compensation, and access to certain occupations.
- Labor Rights Now
Labor Rights Now is an independent human rights group based in Washington, DC. We campaign for the release of imprisoned worker activists and fight against labor repression worldwide.
- Workplace Fairness
Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states. It is for workers, employers, advocates, policymakers, journalists, and anyone else who wants to understand, protect, and strengthen workers’ rights.
Articles on HG.org Related to Employment Discrimination Law
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- The Different Types of Workplace DiscriminationEmployment Discrimination laws seek to prevent discrimination based on everything from race and sex, to religion and physical ability. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.
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- Indigenous Women Share Perspectives on Violence at United NationsWomen have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.
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- Oklahoma Workers Compensation Reform in 2013Missouri law requires most employers to carry insurance, which pays for medical treatment and lost time benefits for employees who are injured on the job. The law requires prompt payment of benefits at no cost to you if you sustain a work-related injury covered under the law.
- All Employment and Labor Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Employment and Labor including: discrimination, employee benefits, employees rights, ERISA, human resources law, labor relations, outsourcing, sexual harassment, whistleblower, workers compensation and wrongful termination.