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Read about: Employment Discrimination Laws


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04-03-2019



   By John Wolf

Keep following state, local, and federal regulations about employees discrimination

No matter how small is your business, you need to know the employment discrimination laws. Hiring the workforce of any level will need you to pay attention to the law.

Discrimination of the people who want to work with, work already or terminated recently is illegal.

Employers by their HR department and managers should take the right measures to make sure that all the decision related to the workforce are legal, ethical and documented. The laws about discrimination of employees are clear in saying that any discrimination is illegal.

These laws are protecting the employees of abusing their right no matter the race, gender, religion, pregnancy, and disability status they ha

 

President Obama signing  workplace protections to LGBT employees

Federal and State Laws Vary

Employers have to follow the Federal laws as well as the particular state anti-discrimination laws. It is important to note that the list we will review is not a complete list, it may happened that there will be something that is covered though it is not on the list.

An example is the local law in Michigan and some other cities that prohibits to discriminate overweight people but there is no federal law about overweight discrimination.

Employment discrimination have federal laws

More Federal laws exist to address discrimination of workforce. State or Federal laws are the most stringent once that are applied in employment lawsuit.

Most of the laws are established long time ago, but yet give some problematic cases. In 2015, the Supreme Court decided on a court case that was based on the 1964’s Title VII law. The case was about a young woman interviewed at a retailer while wearing a headscarf.

She was a very good prospect scoring high enough to gain the job, but she was rejected because the use of the headscarf. The court ruled that the employer should have asked her for the reason she

was warring the scarf and not waiting her to ask. She could not know that the scarf is against the company’s policy.

Laws That Will Affect Employers

Below are some of the Federal laws that will affect the employers. Laws are changed constantly and challenged by the public, you need to keep yourself or your HR and lawyer update at the same rethem that the laws are modified. Keep updating yourself and your HR staff on the changes and new important judgments thatv are now a precedent.

In 1963 Congress passed the Equal Pay Act, which amended the Fair Labor Standards Act. The Equal Pay Act prohibits employers and unions from paying different wages based on the employee’s sex. It does not prohibit other discriminatory hiring practices. It provides that if workers perform equal work in jobs requiring “equal skill, effort, and responsibility . . . performed under similar working conditions,” the workers must receive equal pay. The Fair Labor Standards Act applies to employees engaged in some aspect of interstate commerce or all of an employer’s workers if the enterprise engages as a whole in a significant amount of interstate commerce.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in many more aspects of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth or related medical conditions. It makes it illegal for employers to discriminate in relation to hiring, discharging, compensating, or providing the terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants. The Act also prohibits labor organizations from basing membership or union classifications on race, color, religion, sex, or national origin.”

  • Rehabilitation Act of 1973 bans discrimination of employees or job seekers with disabilities that works for the federal government.

  • Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) this law prohibits organization that have more than 15 employees to discriminate individuals with disabilities. Some states can have a rule starting from fewer employees per business.

    In 1990, The Congress enacted The American with Disabilities Act prohibits discrimination treatment to those handicaps people. It prohibits discrimination of a physical or mental handicap by private employers, state and local governments, unions and employment agencies. ADA prohibits discrimination in a much more broad way than that explicitly outlined by Title VII.

The EEOC interprets and enforces the Equal Pay ActAge Discrimination in Employment ActTitle VIIAmericans with Disabilities Act, sections of the Rehabilitation Act, and other Acts. The Commission was established by Title VIISection 2000e-5 of Title 42 contains its enforcement provisions, and Title 29 of the Code of Federal Regulations Part 1614 contains its regulations and guidelines. State statutes also provide extensive protection from employment discrimination, with some laws extending similar protection as provided by the federal acts to employers who are not covered by those statutes. Other statutes provide protection to groups not covered by the federal acts. A number of state statutes provide protection for individuals who are performing civil or family duties outside of their normal employment.

  • Civil Rights Act of 1991 rules that monetary damages have to be paid where the employer practices international employment discrimination.

  • Genetic Information Nondiscrimination Act of 2008 (GINA) genetic information cannot be allowed, when applicants, employee or a former employee are looking for a job, work or used to work in the past

These are the principal Federal rules in employment discrimination laws. Take a note in mind as you hire and discipline employees. Your prime focus should always be on performance and not on the personal.

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      Disclaimer: John Wolf and paystubmakr.com are making a total effort to offer accurate, good, ethical HR management, employer, and workplace advice.  We do not use the words of an attorney and the content on the site is not given as legal advice. The website has readers from all US states which all have different laws on these topics. The reader should look for legal advice before taking any action.  The information presented on this website is offered as a general guide only and never as legal advice.

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