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Discrimination - Firing People - Harassment - Hiring People |
Immigration Reform and Employment
Author: Evan Bailyn
The Legal Structure
The flood of illegal immigrants into this country over the last forty years, seeking employment and a better life, led to legislative attempts beginning in the 1980s to control immigration and the employment of undocumented immigrants. The Immigration Reform and Control Act of 1986 (IRCA);
Drug Testing: Rights and Limitations
Author: Evan Bailyn
Rights and the Constitution
The United States Constitution is the legislation that forms the basis of the American system of government. It also defines the rights and freedoms of individual citizens.
What are the Protections in the Constitution?
The government is not allowed to take away rights to free speech, freedom of the press and the right to practice a chosen religion.
The Age Discrimination in Employment Act (ADEA)
Author: Evan Bailyn
What is Discrimination?
In general, any practices that violate the Civil Rights Act are considered discrimination. This includes discrimination on the basis race, color, religion, sex, or national origins. There are also violations of the ADEA based on age
Age Discrimination
The Age Discrimination in Employment Act (ADEA)
Legal Action Against Departing Employees
Author: Evan Bailyn
Departing employees can pose a competitive threat to an employer in a variety of ways. They may have had access to sensitive, confidential company information such as manufacturing processes or customer list. By virtue of personal relationships, a departing employee moving to a competitor may take a client out the door as well.
Involuntary Retirement of Employees
Author: Evan Bailyn
History
The Age Discrimination in Employment Act (ADEA) of 1967 protected people in a certain age bracket from being discriminated against in employment, and this included forced retirement. The Supreme Court held that employees could be forced to retire at a certain age if the retirement was one of the terms of a bona fide benefit plan, such as a pension package.
Harassment Remedies
Author: Evan Bailyn
Prior to the passage of the Civil Rights Act of 1991, sexual harassment in the workplace was adjudicated under the statutes of Title VII of the Civil Rights Act of 1964, as interpreted and applied by the courts and the EEOC.
Employment Equality for Women and Minors
Author: Evan Bailyn
The Equal Employment Opportunity Commission (EEOC), chief federal arbiter and rule maker on equality in employment, holds that the following actions are illegal:
• Refusal to hire women because of the extra costs involved;
• Refusal to give men the same pay and benefits that are required for women.
Drug Tests
Author: Evan Bailyn
The Drug Free Workplace Act requires federal contractors to warn employees of the hazards of drug use and to "take action to prevent employee drug use, possession and sale." However it is silent on the issue of employee drug testing. Many private and public employers have turned to the practice, however, either as a part of the hiring process or an integral employment requirement.
Diseases and the ADA
Author: Evan Bailyn
HIV and AIDS
The Supreme Court has held that HIV is a physical impairment within the definitions of the ADA from the moment of infection through every stage of the disease. The Court cited two specific instances of evidence in explaining its conclusion.
Discrimination in any Form
Author: Evan Bailyn
The Civil Rights Act of 1964 bans discrimination on the basis of race, color, religion, sex or national origin. Prior to and since its passage, a number of subsequent laws have addressed other specific forms of discrimination:
• Age – The Age Discrimination in Employment Act of 1967
• Handicap – Rehabilitation Act of 1973
• Union Activity – The National Labor Relations Act of 1935
• Veteran Status - Uniform Services Employment and Reemployment Rights Act of 1994
Under the Civil Rights Act, the appearance of neutrality is unacceptable if it involves a practice that has a disproportionate effect on any race, sex, religious group or other ethnically defined group, unless that practice is a matter of business necessity.
Discrimination by Employers
Author: Evan Bailyn
Employers may be subject to the requirements of state and local statutes concerning employment issues. At the national level, the overall legislation governing these issues are the Civil Rights Act of 1964 and the National Labor Relations Act of 1935. Federal law forbids employers to take any of the following actions based on race, color, religion, sex or national origin:
• Refuse to hire an individual;
• Terminate employment of an individual;
• Limit, segregate or classify employees or applicants in any fashion that would deprive them of opportunities (such
Alcohol and Drug Abuse and the ADA
Author: Evan Bailyn
Protective Coverage of the ADA
The ADA is the Americans with Disabilities Act, passed in 1990. It is omnibus legislation designed to enhance the lives of and protect the rights of disabled citizens. The statutes cover a wide range of issues such as job discrimination, building access, public transportation access, medical coverage and daily living needs.
ADEA Exemptions
Author: Evan Bailyn
In 1967 Congress passed the Age Discrimination in Employment Act. While the Act contains an assortment of statutory guidelines and prohibitions, the primary goal was to prohibit hiring and employment discrimination against individuals over the age of 40, solely because of the individual's age.
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