Discrimination by Employers
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Written By: Evan Bailyn
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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 as raises, promotions or transfers) or adversely affect their status as employees;
• Discriminate in apprenticeship or other training programs that qualify employees for advancement;
• Discriminate in the placement of employment advertising;
• Take action that adversely affects an employee who filed a workplace complaint, testified or participated in an investigation.
Other Laws
The federal Equal Pay Act prohibits employers from paying members of one sex less than members of the other sex for the same or similar work.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against persons age 40 and above. Age discrimination has become a front-burner issue as the baby boomer generation moves into the discriminatory bracket.
The Office of Federal Contract Compliance Programs regulates the employment practices of federal contractors with regard to discriminatory behavior and favoritism.
The Rehabilitation Act of 1973 requires federal contractors to take affirmative action to employ handicapped persons. Some local governments now apply quotas for disabled employees to contractors with the governmental entity.
The Americans with Disabilities Act (ADA) extends employment protection to handicapped persons in the private sector, as well as public sector employees working in non-federal agencies. It also extends the requirements for reasonable accommodation for disabled employees into the entire workforce.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who have been called away for military duty at the same point on the employment ladder that they would occupy had they not left for military service. The "employment ladder" assumes that promotional opportunities afforded other employees would have been available to the military veteran.
The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination against alien workers who are authorized to work in the United States, because of their national origin or citizenship status.
Union Issues
A union cannot attempt to cause an employer to discriminate against any person because of race, color, sex, religion or national origin. The union is subject to formal complaint for this behavior. If the employer cooperates with the union, both are guilty of violating the law. Complaints for this type of treatment may be filed with the National Labor Relations Board or under Title VII of the Civil Rights Act. Employers cannot point to a union contract as the cause for their violation, because federal law supersedes any such agreement and that clause of the contract is void.
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