There are many different types of employment law in the United States and around the world. In an effort protect individuals from unfair treatment in regards to employment, certain statutes are formed and created Federal laws protecting employees. In 1964 Congress enacted the Civil Rights Act of 1964.
Title VII of this Act named the Fair Employment Practices Act focused on laws that employers would have to follow in relation to how they treat their current and prospective employees. The purpose of this Act was to ensure individuals the right to current or future employment without discrimination and to allow them to sue employers if those laws were violated. The Equal Employment Opportunity Commission (EEOC) is a Federal Agency whose members are appointed by the President. The EEOC enforces anti-discrimination laws as it pertains to employment. It also has the authority to investigate complaints, interpret statutes and bring lawsuits against the employers on behalf of the complainant for discrimination. (Cheeseman)
Title VII of this Act named the Fair Employment Practices Act focused on laws that employers would have to follow in relation to how they treat their current and prospective employees. The purpose of this Act was to ensure individuals the right to current or future employment without discrimination and to allow them to sue employers if those laws were violated. The Equal Employment Opportunity Commission (EEOC) is a Federal Agency whose members are appointed by the President. The EEOC enforces anti-discrimination laws as it pertains to employment. It also has the authority to investigate complaints, interpret statutes and bring lawsuits against the employers on behalf of the complainant for discrimination. (Cheeseman)
Title VII of the Equal Employment Opportunity Act applies to employers with 15 or more employees, all employment agencies, and the majority of Federal employees. Employers who employ less than 15 employees are not required to follow the laws of Title VII. The reason being, that it would be too costly for them to comply with the laws and defend against lawsuits. Indian tribes and tax-exempt private clubs are also exempt. (Cheeseman)
Title VII makes it unlawful to discriminate against "protected classes" of society. That means an employer cannot treat any person unfairly because of their; race, color, sex, religion, or national origin. Employers are not allowed to use any of the protected class factors when making employment decisions. This includes hiring, demoting, promoting, paying, benefits, trainings, work rules, or any other term or condition of employment. This protects employees from unlawful work place practices and keeps the employees as equals. (Cheeseman)
Hiring and promoting based on merit, work performance, seniority and qualifications are not unlawful employment practices. Employers are also responsible for creating a safe and hostile free environment for their employees. They should have policies in place to take complaints of discrimination and a process for follow up. If an employee files a complaint they must do so with the EEOC. The EEOC then investigates the claim and can do one of two things. They can decline to prosecute themselves and give the complainant a "right to sue letter" stating that they are able to sue the employer for damages themselves; or they can choose to sue the employer on behalf of the complainant. (Cheeseman)
If successful the complainant can receive up to two years in back in addition to attorney fees. If the company was found to have acted with malice or reckless indifference, compensatory and punitive damages can be awarded. Dollar amounts can range from $50,000 to #$300,000 depending on the size of the business. The plaintiff can also receive a court ordered reinstatement if their employment was terminated. (Cheeseman)
Employers can defend themselves from these types of lawsuits. Employees are responsible for bringing discrimination matters to the attention of their employer to give them the opportunity to fix the problem. An employer can argue that they exercised reasonable care to prevent or correct the behavior. They could also state that the employee did not use proper tools or actions to prevent the behavior and did not take opportunities provided by the employer to correct the problem.
Employers are required to reasonably accommodate their employees for different things. Religious practices are an example of an employee and employer accommodation. The employer must allow employees to alter their work habits if it has to do with a religious practice. This accommodation cannot place and undue hardship on the company and is also dependent on how many workers that employer may have available. Some employees may not be qualified to cover certain positions and can create a problem in the workplace. Replacement workers may not always be an option. It is up to the employee to bring this information to their employer to inform them of what is needed and work together to make it possible. (Cheeseman)
There are some exceptions to employment laws. Religious organizations are not bound by employment laws. They are able to refuse employment to individuals that are not of the same faith. A Bona Fide Occupational Qualification (BFOQ) is discrimination based on a protected class other than race or color. This type of thing is permitted only in instances where the decision for doing so was job related and a necessity for the company. A female officer being chosen over a male officer to work the shower room in a female prison is an example of BFOQ. However, this does not give the employer permission to require that only women can work at the prison. It is only specific to that particular position. (Cheeseman)
There are two types of employment discrimination. Disparate Treatment Discrimination, which is discriminations against an individual because they belong to one of the protected classes. The complainant has to prove that they belong to the protected class, applied for and qualified for a potential position, were rejected despite that qualification and the employer kept the position open and sought applicants with the same qualifications as the complainant. (Cheeseman)
Then there is Disparate Impact Discrimination. This is discrimination against an entire protected class of people. The complainant has to prove that the employer has a history of discriminating against this class. There has to be a link between the employer's practices and how and why it's viewed as discriminatory. These typically can turn into class action lawsuits. (Cheeseman)
There are many different types of laws in this country that are in place to protect all types of people. In 1978 the Pregnancy Discrimination Act was enacted. This Act made it unlawful to discriminate against women for pregnancy, childbirth or any other type of medical condition related to pregnancy or childbirth. This protected women from not receiving equal treatment in the work force due to their decision to have a child. Employers must follow certain standards when it comes to providing reasonable accommodations to these women. (Cheeseman)
Another important statute is the Equal Pay Act of 1963. This came about after many women in this country decided to sue their employers because they were doing the same job as many men in their workplaces yet, making considerably less money. The Equal Pay Act applies to private employers, state and local agencies. Federal employees are not covered under this act. (Cheeseman)
If two individuals are of the same skill level, put forth an equal effort in doing their job, share equal responsibility and are in similar work conditions; it is unlawful to pay them different wages based on their sex. Justifiable pay differences could be due to seniority, quantity or quality of work and any other work factor other than sex.
Discrimination against an individual because of their age is also prohibited under the Age Discrimination in Employment Act of 1967 (ADEA). ADEA covers non federal employers who employ 20 or more individuals. Also included in this act are labor unions with 25 or more workers, all employment agencies, state and local workers; unless they are involved with policy making decisions. (Cheeseman)
Individuals ages 40 and older are protected under this act. There is no mandatory retirement age and it is unlawful to terminate employment, not hire, not promote or in any other way discriminate against this class of people because of their age. If a problem does arise, that person has the right to sue the company for damages. (Cheeseman)
The Americans with Disabilities Act was enacted in 1990. This act requires employers of public transportation and telecommunications to accommodate persons with disabilities. Employers are bound by this act if they employ over 15 workers. Corporations owned by the United States and tax-exempt businesses are not bound by this act. Employers must make reasonable accommodations to their employees or potential employees to work for them. This requires for them to make their facilities accessible to these individuals, possibly modify work schedules and acquire different equipment to help these individuals. (Cheeseman)
The employer is only required to do these things when it does not cause an undue burden on them. An undue burden is determined based on the nature of the accommodation and the cost of such adjustments.
There are a number of disabilities that are covered under the Disabilities Act. Some of these disabilities include but are not limited to; paraplegia, retardation, HIV/AIDS, cancer, epilepsy, diabetes, alcoholics or former drug users. An employer is prohibited from asking individuals if they have disabilities. They can only inquire on the individual's ability to perform the job duties. The legal process for bringing a claim would be the same as with the EEOC. (Cheeseman)
Another important part of employment law is Affirmative Action. Affirmative Action was developed in 1965. This makes it necessary for employers to give preference to minority job candidates when all other qualifications are equal in the employment process. (www.infoplease.com) Some believe that Affirmative Action is a great resource in helping minorities rise above poverty and acquire better jobs. The American Association for Affirmative Action has a strong stance on the subject. The following is a quote from their website found at www.affirmativeaction.org.
The purpose of affirmative action is to give our nation a way to finally address the systemic exclusion of individuals of talent on the basis of their gender, or race from opportunities to develop, perform, achieve and contribute. Affirmative action is an effort to develop systematic approach to open the doors of education, employment, and business development opportunities to qualified individuals who happen to be members of groups that have experienced long-standing and persistent discrimination.
The AAAA continues to work hard to keep Affirmative Action in America and help individuals understand Affirmative Action. They believe by doing this they are helping people acquire jobs that they may not have had access to before Affirmative Action was developed.
Others oppose Affirmative Action; stating that it allows the legalization of reverse discrimination and unwarranted preferences. Some also believe that is lets less qualified employees receive higher paying and higher responsibility positions. There are currently very few cases with the EEOC sighting reverse discrimination. Though it may be uncommon, employers need to protect themselves from lawsuits that can arise from any employee complaint for discrimination. (www.infoplease.com)
Employers need to develop the type of workplace that allows its employees to work comfortably and securely. These are some ways for employers to reduce the risk of employment discrimination. The business needs to abide by Title VII laws and all other anti-discrimination acts. Put policies in place on handling and investigating discrimination complaints. Allow employees to attend trainings about discrimination and how to work with others within protected classes professionally. Another possible way to decrease discrimination in the workplace is to conduct audits of their employees to ensure they are following company policies. There are many discrimination lawsuits filed every year, and going to court is a lengthy and expensive process. Employers need to know all the laws as they pertain to employment and follow them as accurately as they can. That's the best way to keep their employees and themselves protected from discrimination in the workplace.
References
American Association of Affirmative Action. (2005) Association Goals. Retrieved July 30, 2007
Brunner, B. (2007). Timeline of Affirmative Action Milestones. Retrieved July 30, 2007 from http://www.infoplease.com/spot/affirmativetimeline1.html#1965b
Cheeseman, H.R. (2004) Business Law: Legal, E-Commerce, Ethical, and International Environments. Prentice-Hall Inc.
