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Federal Anti-Discrimination Laws
Here's a description of the major federal laws that prohibit discrimination in the workplace.
There are a number of federal laws that prohibit discrimination in the workplace. Most apply to select employers but a few apply to virtually all employers. The main laws that employers should be aware of are:
- Title VII of the Civil Rights Act
- The Age Discrimination in Employment Act
- The Equal Pay Act
- The Immigration and Reform and Control Act, and
- The American with Disabilities Act.
Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e and following)
Title VII prohibits employers from discriminating against applicants and employees on the basis of race or color, religion, sex, pregnancy, childbirth and national origin (including membership in a Native American tribe). It also prohibits employers from retaliating against an applicant or employee who asserts his or her rights under the law. For example, an employer cannot fire someone for complaining about race discrimination.
Title VII's prohibition against discrimination applies to all terms, conditions and privileges of employment, including: hiring, firing, compensation, benefits, job assignments, shift assignments, promotions and discipline.
Title VII also prohibits employer practices that seem neutral but have a disproportionate impact on a protected group of people. A practice is only legal if the employer has a valid reason for using it. For example, height and weight requirements might be legal -- even though they exclude a lot of women and a lot of people of Asian descent -- if an employer is using them to fill, say, a job in the logging industry. They would not be valid for a desk job, however.
Title VII's Prohibition on Harassment
Title VII makes it illegal to harass someone because of the person's race or color, religion, sex, pregnancy, childbirth and national origin (including membership in a Native American tribe).
The most common type of harassment that is prohibited by Title VII is sexual harassment.
Discrimination Allowed by Title VII
In a very narrow exception, Title VII allows an employer to discriminate on the basis of religion, sex or national origin (but never race) if the characteristic is something intrinsic to the job. In legal terms, this exception is called a bona fide occupational qualification (BFOQ) exception.
Employers Subject to Title VII
Title VII only applies to employers that fit into the following categories:
- private employers with 15 or more employees
- state governments and their political subdivisions and agencies
- the federal government
- employment agencies
- labor organizations, and
- joint labor-management committees and other training programs.
The Federal Enforcement Agency for Title VII
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII. The EEOC has offices throughout the country. To find the office nearest you, log onto the EEOC's website at http://www.eeoc.gov. This website is also an excellent source of information about Title VII and other fair employment laws.
The Age Discrimination in Employment Act (29 U.S.C. §§ 621-634)
The ADEA prohibits discrimination against employees who are age 40 or older. It also prohibits employers from retaliating against an applicant or employee who asserts his or her rights under the ADEA. For example, an employer cannot demote someone for complaining about age discrimination.
The ADEA's prohibition against discrimination applies to all terms and conditions of employment, including: hiring, firing, compensation, job assignments, shift assignments, discipline and promotions.
Employers Subject to the ADEA
The ADEA does not apply to all employers. Most significantly, it does not apply to the state governments or their agencies. It also does not apply to private employers with fewer than 20 employees.
The ADEA does apply to the federal government and its agencies, private employers with 20 or more employees, interstate agencies, employment agencies and labor unions.
The Federal Enforcement Agency for the ADEA
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADEA. The EEOC has offices throughout the country. To find the office nearest you, log onto the EEOC's website at http://www.eeoc.gov. This website is also an excellent source of information about the ADEA and other fair employment laws.
The Equal Pay Act (29 U.S.C. § 206(d))
The Equal Pay Act requires that employers give men and women equal pay for equal work.
Men and women do equal work when they perform, under similar working conditions, jobs that require equal skill, effort and responsibility. The actual job titles have no bearing on whether two jobs are equal. For example, the Equal Pay Act makes it unlawful for a hotel to pay its janitors, who are primarily men, more than it pays its housekeepers, who are primarily women, if they are doing essentially the same work.
FAQs
- What is 42 U.S.C. Section 1981?
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- What is the Age Discrimination in Employment Act?
- What is Executive Order 11246?
- What is the Fair Labor Standards Act?
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