Major Federal Laws
What are the major federal anti-discrimination laws?Title VII prohibits discrimination in employment based on race, sex, color, national origin or religion. The ADEA prohibits discrimination based on age (if over forty). Title I of the ADA prohibits discrimination based on disability.
Almost every state has anti-discrimination laws that mirror the protections found under federal law. Some states also have more expansive protection than federal law, for example, prohibiting discrimination based on marital status, sexual orientation or weight.
What aspects of the employment relationship are regulated by these laws?
The laws regulate all aspects of work, including hiring, firing, promotions, job duties, wages, benefits, and reviews. Generally speaking, the laws do not require an employer to provide specific benefits or to institute job review procedures or to draw up job descriptions. Rather, the employer is allowed to establish its own policies so long as they are applied to all employees in a non-discriminatory manner and so long as the policies do not have the effect of discriminating against a protected class.
What types of employers are regulated under Title VII?
Public sector and private sector employers that employ at least fifteen employees are covered by this federal law. Unions and employment agencies are also covered under Title VII. It should be remembered, however, that employers with fewer than fifteen employees may be covered under state law prohibiting discrimination in employment.
How do I know if an action is discriminatory in violation of the law?
First, not all discriminatory actions are forbidden by law. The law only prohibits discrimination when it is based on a person's protected status—race, color, religion, national origin, sex, age or disability under federal law.
Thus, if an employer makes a decision because of an employee's race, that employer has engaged in prohibited discrimination. Paying a worker lower wages than other employees because that worker is an African-American black violates Title VII. But paying a worker lower wages than other employees because that worker is performing different kinds of job duties does not violate Title VII. The question is whether the reason for the difference in treatment is based on the employee's protected status. Different treatment based on protected status is called intentional discrimination or disparate treatment.
What should I do if I think I have been discriminated against in violation of the law?
It is usually a good idea to bring your complaint directly to the attention of the employer and attempt to resolve the problem on an informal basis. The employer may not be aware that there are individuals within its organization who are discriminating, or the employer may want to address your complaint and fix the problem.
If, however, you want to pursue a legal remedy, you should get expert advice and act relatively quickly. Anti-discrimination laws have strict time limits for making a claim. The federal laws require employees to file a complaint first with the Equal Employment Opportunity Commission before filing a lawsuit in court. In some circumstances an employee is also required to file a complaint with the state agency charged with enforcing the state anti-discrimination laws.
Lastly, if fired or not hired for discriminatory reasons, you should look for another job. Do so even if it seems that you are entitled to the former job. If you do not actively seek other work, it appears as though you are not seriously interested in employment. This can weaken your claim and may limit any award of back pay.
How does someone file a charge under federal law?
If you have been discriminated against, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the discriminatory act. There are regional offices of the EEOC in most major cities in the U.S. Access www.eeoc.gov for more information.
There is an exception to this time limit if the discrimination occurred in a state that has a state law prohibiting discrimination. In that case you must first file a charge with the state agency responsible for enforcing the state law. You must give the state agency at least sixty days to investigate your complaint. After sixty days you can then file a charge with the EEOC, but the charge must be filed within 300 days from the date the discrimination occurred or within thirty days after the state agency terminates its proceedings, whichever occurs first.
When the EEOC completes its investigation of the charge, it sends a letter to the person who filed the charge. The letter states whether the EEOC found reasonable cause to believe the law was violated and informs the charging party that he or she has ninety days within which to file a lawsuit in court. This letter is called a "right to sue" letter.
What is the Age Discrimination in Employment Act?
The ADEA (29 U.S.C. Sections 621-634) prohibits discrimination in employment based on age. For purposes of this statute, age is defined as at least forty years of age or older. Thus, it would not be a violation of the ADEA for an employer to refuse to hire an individual because that person was twenty-five years old. However, some state laws that prohibit age discrimination have a broader definition of the protected class; for example, Oregon prohibits age discrimination against any individual eighteen years of age or older.
What types of employers are regulated under the ADEA?
Public and private sector employers employing at least twenty employees are covered by this federal law. Unions and employment agencies are also covered by this law. It should be remembered, however, that employers with fewer than twenty employees may be covered under state law prohibiting age discrimination.
Is there a federal agency responsible for enforcing the ADEA?
Yes, the EEOC has enforcement authority under the ADEA.
What is Title I of the Americans with Disabilities Act?
The ADA (42 U.S.C. Sections 12101-12118) prohibits discrimination in employment against persons with disabilities, both physical and mental.
What is a “disability”?
Under the ADA, an individual with a disability is one who:
- has a physical or mental impairment that substantially limits a major life activity; or
- has a record of having such a physical or mental impairment; or
- is regarded as having such an impairment.
The impairment must cause a substantial limitation to a major life activity. Temporary conditions, such as a broken leg or a cold, would not be considered substantial limitations.
What types of employers are regulated under the ADA?
Public and private sector employers employing at least fifteen employees are covered. Unions and employment agencies are also regulated by the ADA. It should be remembered, however, that employers not covered under the ADA may be subject to regulation under state law prohibiting disability discrimination.
Is there a federal agency responsible for enforcing the ADA?
Yes, the EEOC has enforcement authority under the ADA.
Source:www.americanbar.org
