Thursday, June 5, 2008

Salient Federal Laws Prohibiting Employment Discrimination

You cannot avoid discrimination. As long as there are people who single out and show prejudice against persons who they think are inferior to them, then discrimination persists.

But the government does everything to fight this wrong. The legislatures have enacted a number of laws to counteract this problem. These legislations’ main purpose is to put an end to inequality and provide equal opportunity most especially in employment.

What are the Federal Laws which protect employees from Employment Discrimination?

• Civil Rights Act of 1964, Title VII – this law considers it unlawful for an employer, employment agency, labor organization or joint labor management committee to discriminate workers on account of the following:
1. Their Race;
2. Their Skin Color;
3. Their Religion;
4. Their Sex; and
5. Their National Origin

• Equal Pay Act of 1963 (EPA) – this law prohibits employers, labor organizations or its agents to discriminate against employees on the basis of sex, by paying one employee wages at a rate lower than that of another although both rendered equal amount of work and the performance of which required the same skill and ability.

Exception: When payment is made pursuant to:
1. The Seniority system;
2. The Merit system;
3. Quality/Quantity production; and
4. Differential other than sex

• Age Discrimination in Employment Act of 1967 (ADEA) – this law makes it illegal to discriminate employees on account of his age by:
1. Refusing or failing to hire or fire employees;
2. Limiting, separating or classifying employees in a way which deprives them employment opportunities or advancement; and
3. Reducing the wage rate of an employee.
• Americans with Disabilities Act of 1990 (ADA), Titles I and V – this law make illegal discrimination against employees on account of their disability by providing equal opportunity in employment. The law orders that no covered entity shall discriminate against individuals who are otherwise qualified and have met employment requirements in regard to:
1. Job application procedures;
2. Hiring;
3. Career advancement;
4. Discharging;
5. Compensation and wages;
6. Job trainings; and
7. Other employment privileges.

• The Rehabilitation Act of 1973, Sections 501 and 505 – these laws prohibit employment discrimination against disabled persons in the federal sectors.

• The Civil Rights Act of 1991 – this law provides aids employees who are victims of intentional employment discrimination in the form of monetary compensation and other protections. The purposes of this law, as mentioned in Sec. 3 of said Act are as follows:

1. to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace;
2. to codify the concepts of "business necessity" and "job related";
3. to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964; and
4. to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.

In order to avail of the protections provided by these laws, the discriminated employee should first hire Employment Discrimination Lawyers. This kind of lawyers are the ones that you should be calling in case you have been a victim of discrimination in your employment. They possess the necessary skills and knowledge to defend your case. Contact an Employment Discrimination Lawyer as soon as possible.