Benchmark Institute is a training and performance development
organization dedicated to increasing the quality and quantity of
legal services to low-income communities.
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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.
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. It also contains an implicit guarantee that each
person receive equal protection of the laws.
The Fourteenth Amendment explicitly prohibits states from violating an
individual's rights of due process and equal protection. In the employment
context the right of equal protection limits the power of the state and
federal governments to discriminate in their employment practices by
treating employees, former employees, or job applicants unequally because
of membership in a group (such as a race or sex). Due process protection
requires that employees have a fair procedural process before they are
terminated if the termination is related to a "liberty" (such as the right
to free speech) or property interest. State constitutions may also afford
protection from employment discrimination.
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 Department of Labor enforces section 793
of the act which refers to employment under federal contracts. The
Department of Justice enforces section 794 of the act which refers to
organizations receiving federal assistance. The EEOC enforces the act
against federal employees and individual federal agencies promulgate
regulation pertaining to the employment of the disabled.
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)
http://www.eeoc.gov/ interprets and
enforces the Equal Payment Act, Age Discrimination in Employment Act,
Title VII, Americans With Disabilities Act, and sections of the
Rehabilitation Act. The Commission was established by Title VII.
EEOC enforcement provisions are contained in section 2000e-5 of Title 42,
and its regulations and guidelines are contained in Title 29 of the Code
of Federal Regulations, part 1614. |
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42 U.S.C. §§
1981, 1981a, 1983, 1988 - Nineteenth Century Civil Rights Acts
• 42 U.S.C. Chapter 21 - Civil Rights Act of 1964
• 29 U.S.C. § 206 - Equal Pay Act of 1963
• 42 U.S.C. Chapter 126 - Americans with Disabilities Act of 1990
• 29 U.S.C. §§ 621 - 634 - The Age Discrimination in Employment Act
• 30 U.S.C. § 938 - The Black Lung Act
• 29 U.S.C. §§
791,
793,
794(a) - The Rehabilitation Act
Federal Agency Regulations
• Code of Federal Regulations:
29 CFR, Chapt. XIV
State statutes 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.
California Department of Fair Employment and Housing (DFEH)
http://www.dfeh.ca.gov/
mission is to protect the people from unlawful discrimination in
employment, housing and public accommodations, and from the perpetration
of acts of hate violence. It enforces these laws:
• Fair Employment & Housing Act (FEHA)
• California Family Rights Act (CFRA)
• Unruh Civil Rights Act
• Ralph Civil Rights Act |
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