Employment Discrimination in the U.S.
Employment discrimination has been a long-time problem in many states in the U.S. This occurs whenever the employers or the top ranking official in a company unjustly single out their employees or applicants based on the following reasons:
0 age
0 color or race
0 gender
0 religious affiliation
0 nationality
0 disability
0 other grounds
Created in 1964, the Equal Employment Opportunity Commission (EEOC) aims to end such problems, which affect the morale of the workforce. This agency has been deputized to enforce Title VII of the Civil Rights Act of 1964 that affects the labor sector and to promote government programs to achieve equal employment opportunity for the people. Since 2000, the commission has been involved in the resolution of labor disputes, with an average of more than 75,000 charges every year.
Employment Laws
After the establishment of the EEOC, numerous federal laws have been implemented to provide protection to the workers. Usually, other state labor legislations were based on these statutes depending on the need of a particular jurisdiction.
Examples of major employment discrimination laws are:
0 Age Discrimination in Employment Act of 1967 (ADEA)
0 Americans with Disabilities Act of 1990 (ADA)
0 Civil Rights Act of 1964
0 Equal Pay Act of 1963
0 Rehabilitation Act of 1973
0 Bankruptcy Act
0 Civil Service Reform Act
0 Whistleblower Protection Act
These laws prohibit various acts […]
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Employment discrimination based on age is a reality in the workplace. Hence, workers and employees with the age of 40 and above are protected against discrimination under the Age Discrimination in Employment Act. The law says that an employer may not fire, refuse to hire, and treat you differently than other employees because of your age.
The Age Discrimination in Employment Act applies to the following:
0 Workers and applicants aged 40 and over
0 The ADEA applies to employers with 20 or more employees.
0 This includes local and state governments and the federal government. It also includes employment agencies and labor unions.
0 It excludes independent contractors or elected officials. It does not usually cover police and fire workers, certain federal employees in air traffic control or law enforcement, or certain highly paid executives. While persons in these positions could be retired on a mandatory basis, they cannot be denied a promotion or training base on age.
0 There are exceptions to the ADEA when age is a necessary part of a job. For example, an employer can hire a young person to play the role of a 12-year-old in a play. Most states have anti-age discrimination laws that apply to employers with fewer than 20 […]
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Indeed, the employer has ownership of capital, stocks and other important assets of a business, but without the employees, these capital, stocks and assets would not be turned into new consumer goods or products.
Unless an employer is handling a relatively small business, wherein he or she also has a share in the important aspects of the production or services, it is the employees who has a major contributing factor in doubling, even multiplying the capital and turn it into profits.
Thus, the employee has an inherent right to demand the implementation of particular legal protections from his/her employer. These rights may depend on the capacity of the employer, the state that governs the workplace and the employee’s profession in the business.
Here are several examples of basic employees’ rights:
- right to be protected from discrimination because of race, nationality, skin color, origin, gender, religious beliefs, pregnancy, age, and disability (in some cases, also involves, marital status and sexual orientation)
- right to work in a place free of harassment
- right to receive minimum wages, overtime payment for work exceeding 40 hours in a week or eight hours in a day.
- right to humane conditions at work and safe and secure workplace
- right to avail leave in […]
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