Title VII of the Civil Rights Act is commonly considered the Federal Law on discrimination in the United States. This amendment to the Civil Rights Act covers a multitude of discrimination topics, and protects Americans against racial, sex, disability, and many others forms of discrimination in the workplace. All employers are aware of this, and work hard to conform to the law. But what about the Pregnancy Discrimination Act? Are employers truly aware of this act and what it protects?

Essentially, the Pregnancy Discrimination Act protects women who are pregnant, who have just given birth, or who are suffering from birth or pregnancy-related medical problems. But there has been a huge upswing of pregnancy discrimination case, which would indicate that employers are not following the regulations of this act. This is a problem that must be addressed, and an employee can start by knowing the ins and outs of the Pregnancy Discrimination Act.

Pregnancy Discrimination is a post from: Employment Guide

Workplace discrimination is a serious problem that is being addressed, and has been addressed, all over the country for the last four decades. And while there is good, reliable legislations in place to protect Americans from workplace discrimination, there are problems that come along with the discrimination that greatly affect the lives of the sufferers.

It is a proven fact that sufferers of workplace discrimination often are not only personally affected by the negativity of the discrimination, but their families are often harmed as well. When a person is suffering at their place of employment, they will often either exclude their families from their problems at the office, or the family will simply suffer from the disruption of the family life due to stresses placed on the sufferer in the workplace. These problems should not be overlooked when addressing the issue of workplace discrimination; the entire family suffers from discrimination.

Workplace Discrimination is a post from: Employment Guide

We are all faced with decisions that require some element of discrimination. We base our choices on the value one thing may contain over another, and often these are based on ideals so ingrained we cannot really explain our actions. But what is employment discrimination? This is a clear-cut beast based on the eradication of prejudice and stereotyping in the workplace.

To curb the sex-based version of what is employment discrimination realized with the wage-gap between working adult males and females, the Equal Pay Act was put into play in 1963. In 1964, Title VII of the Civil Rights Act was implemented to prohibit hiring practices based on what is employment discrimination such as gender, race, religion or national origin. And in 1967, the Age Discrimination Employment Act was put into play to protect citizens of the age of 40 or older from experiencing ageist practices of what is employment discrimination.

But the fact remains that there are still issues with this kind of discrimination today. Recent studies reflect the wage gap still applies 40 years after the EPA was put into force, as women earn just 77% on average of their male counterparts.

In September 1995, Chicago based law firm Stowell and Friedman commenced a class action lawsuit against Merrill Lynch for sex-based employment discrimination. The firm represented Marybeth Cremin (among others), who was unfairly terminated from her position as a Merrill Lynch broker in 1995 after a maternity leave. The lawsuit has risen to 900 claims from women in similar predicaments, and Merrill Lynch although not admitting guilt hastened to announce a settlement agreement with various claimants.

And in February of 1995, Barbara Gerland was awarded with $300,000 from a federal jury for her case against a Lake Tahoe fire department for what is employment discrimination. She claims she was forced to watch subversive and pornographic material in an attempt by the all-male staff to prevent her from becoming their first female fire fighter.

Race discrimination is also still around, and sometimes creeps up in different shades. In 1999, a white art instructor at the University of Wisconsin La Cross sued and won $150,000 in a case of what is employment discrimination. John Ready was passed over for tenure in favor of an Asian employee, and Ready alleges that this played in favor of Affirmative Action stipulations, and thus discriminated on the basis that he was white.

So what is employment discrimination, exactly? Simply put, it occurs when employers advocate for or fight against the hiring of specific employees. Basing a hiring decision on age, race, gender, religious affiliation, national heritage, disability or sexual orientation is against the law. Practicing these illegal maneuvers in recruiting, promotion, and pay violates State and Federal Labor Laws such as Title VII, the Equal Pay Act, the Age Discrimination Employment Act and the Civil Rights Act of 1991. Class action law suits in six and seven denomination awards are evidence of the high penalties imposed for such practices.

What Is Employment Discrimination And How Hefty Are Its Penalties? is a post from: Employment Guide

Understanding the ins and outs of age discrimination in employment doesn’t necessarily take a legal degree, but it does take a whole lot of common sense. The law enacted in the 1960s is designed to protect employees age 40 and over from age discrimination in employment, it is not designed to penalize employers from getting the business they need done completed.

To help employees and employers understand some of the basics about age discrimination in employment it is important to understand some of the most common questions that come up in regard to the law and their answers.

What is age discrimination?
Simply put, age discrimination in employment involves any unfair act or practice that discriminates against a person based on their age. It is unlawful to base a hiring, firing or promotional decision based on age.

Is anyone exempt from the law?
Yes. The age discrimination in employment laws apply to companies and employers that have 20 or more employees on staff. It is still generally considered quite wise for small employers to ensure the law is adhered to, as well. The law applies to employment agencies, labor organizations and government bodies, as well.

Is there ever a cause for an exception to the rule?
In some employment situations the age discrimination in employment laws will not apply based on the nature of the work. The onus to prove age needs to be a factor in decision making falls on the employer.

What should an employee do when discrimination is suspected?
Complaints can be filed with the Equal Employment Opportunity Commission. Violations can take place prior to hiring, during the advertising process and in regard to promotions, firings, layoffs and even benefits.

How do benefits relate to age discrimination in employment laws?
A law passed in 1990 makes it illegal for employers to deny benefits to older employees. A reduced package may be offered if the cost to the employer is the same as that for younger employees.

Does the law apply to apprenticeship programs?
Yes. Unless a program has otherwise been exempted from the laws, apprenticeship programs are subject to its reach.

Is it legal for a potential employer to ask a candidate’s age?
The practice is not prohibited under law, but it can open the door for scrutiny if a complaint is filed. Generally, employers choose not to ask date of birth or age prior to the actual hiring process.

Understanding the age discrimination in employment laws can help employees recognize problems. It can also protect employers. Before hiring or going out for a job, it is not a bad idea to consider brushing up on the laws that govern employment.

Questions And Answers About Age Discrimination In Employment is a post from: Employment Guide

The Age Discrimination in Employment Act passed in 1967 ended a lot of woes for employees who often felt the doors close on their careers and room for advancement after the age of 40. The law, however, is not always fully understood by employees or employees.

While the Age Discrimination in Employment Act prohibits basing hiring, firing or layoff decisions based on age, it does not give employees age 40 or over free reign to do as they please. Under the Age Discrimination in Employment Act, employers are still able to base decisions on performance, abilities and skills. The act is designed to protect employees from unwarranted decisions. It is not meant to punish employers or impede their abilities to see business get done.

Under the Age Discrimination in Employment Act, employers are prohibited from:

Discriminating in regard to hiring, firing, promotion, pay, benefits, assignments, training opportunities and even layoffs in regard to age.
From refusing equal benefits to employees because of age, unless a reduced package for older employees costs the same as the benefits offered to younger workers. (This is a tricky loophole in the Age Discrimination in Employment Act that many employers do not choose to exercise.)
Taking retaliatory action against an employee who files a claim of age discrimination or takes part in an investigation into the claim of another.

While the Age Discrimination in Employment Act applies to all employers with 20 or more employees, there are a few exceptions to the law. There are certain circumstances where it is deemed lawful to hire, fire and promote based on age. Under these circumstances, an employer must be able to approve a “bona fide” occupational qualification. This loophole tends to come into play within career fields that are extremely physical in nature.

Although the Age Discrimination in Employment Act protects employees and prohibits employers from taking certain actions, workers age 40 or over must still prove their mettle for employment. Employers still retain the rights to dismiss with just cause as long as age does not play a role in the decision.

Workers, who feel they have been the victim of an Age Discrimination in Employment Act violation, have several options at their disposal. They can file claims with the Equal Employment Opportunity Commission or hire an attorney to do so. Claims are generally handled by local level offices within most states.

Following the Age Discrimination in Employment Act is not a difficult undertaking for an employer. If policies, procedures and practices spell out decision-making based on abilities and not age or other discriminatory factors, an employer should be free and clear.

The Age Discrimination In Employment Act Protects Employees is a post from: Employment Guide

The Age Discrimination in Employment Act of 1967 actually has it roots in the Civil Rights Act that became law three years earlier. The Civil Rights Act includes Title VII which states that discrimination in the workplace based on race, color, sex, religion and national origin must be banned, but age was not included at that time. In 1967, the US Labor Department completed its study on the pervasiveness of age discrimination and found that it was a problem. Congress reacted with the Age Discrimination in Employment Act of 1967. It protected workers aged 40 to 65. This breakthrough law would be updated as needed through the years and will undoubtedly see changes in the future. In this article, well discuss some of the major changes to the Age Discrimination in Employment Act of 1967.

In 1978 President Jimmy Carter transferred enforcement of the ADEA to the Equal Employment Opportunity Commission. That same year, Congress extended the limit of protection to the age of 70. It wouldnt be until nine years later that the upper age limit would be removed, protecting all older citizens from discrimination, no matter what age.

The Civil Rights Act of 1991 amended all the major civil rights laws in the nation, including the Age Discrimination in Employment Act of 1967. This act overturned several recent decisions by the Supreme Court that made it difficult for age biased plaintiffs to win their cases. However, the Supreme Court did rule for them in the case of OConnor v. Consolidated Coin Caterers Corp. in 1996, stating that the Age Discrimination in Employment Act of 1967 doesnt require an employee that was fired to prove that his replacement was under the age of 40. Four years later, however, the Supreme Court seemed to go against those that have suffered from age discrimination once again, stating that state government agencies are protected by the Constitution from being sued for money damages.

The year 2002 saw close to 20,000 complaints of age discrimination filed with the Equal Employment Opportunity Commission which was an all time record. The prime factors for these many complaints are usually considered to be the combination of a slumping economy and a workforce that is growing older, what with the Baby Boom generation starting to reach retirement age. Only one year later, the EEOC won the biggest age discrimination settlement in history, totaling $250 million in back pay for 1,700 public safety officers in California.

Several changes have been made over the last forty years to the Age Discrimination in Employment Act of 1967 and not all of them have necessarily been beneficial to those that suffer from age discrimination. As society changes with time, there will undoubtedly be changes made to this act in the future.

The History Of Age Discrimination In Employment Act Of 1967 is a post from: Employment Guide

Under the California employment discrimination law for employee rights, residents of this state are afforded a few more protections than in other jurisdictions. The California employment discrimination law for employee rights ensures that people are free to find gainful employment and enjoy it as long as they are pulling their weight.

The California employment discrimination law for employee rights is enforced by the Department of Fair Employment and Housing within this state. The statutes are meant to protect employees from both harassment and discrimination.

In general, the California employment discrimination law for employee rights protects employees from discrimination and harassment in regard to several things. These include race, religion, color, marital status, sexual orientation, sex, pregnancy, national origin, age and disability. The agency also oversees claims in regard to denial of family or medical leave, pregnancy leave and reasonable accommodations for disabilities.

The California employment discrimination law for employee rights applies to most employers within the state, particularly those with 50 or more employees. Its specific provisions include:

Prohibiting the limitation or use of language within a workplace unless it is necessary for business. This means an employee from another country is allowed under law to speak in their native tongue unless English is demanded for business purposes.
Requiring employers to ensure that employees have reasonable accommodations for disabilities and illnesses. This can include, but is not limited to, special chairs, desks, ramps and other devices that can enable an employee to properly perform duties at hand.
Requiring employers to allow leaves of up to four months for such things as medical conditions, childbirth or pregnancy.
Requiring employers to make workplaces harassment-free zones. This relates to all forms of workplace harassment including hostile work environment, sexual discrimination and more.
Outlawing the use of discriminatory hiring practices. This means that hiring must be based on qualifications and merits and not prohibited criteria, such as race, color or religion.
Prohibiting the use of retaliation when a complaint has or is going to be filed.
Provides for fines and compensation for employees who have been discriminated against. The law allows such things as reinstatement, attorney fees, back pay and even front pay and ordered promotions.

The California employment discrimination law for employee rights is a bit more stringent than federal regulations in some regards. The law specifically points to a few areas some federal statutes do not. The long and the short of the California employment discrimination law for employee rights, however, boils down to the same thing. Employees have a right to work and employers do not have a right to discriminate based on anything other than qualifications and performance.

California Employment Discrimination Law For Employee Rights is a post from: Employment Guide

United States federal law prohibits the practice of employment discrimination. Employers who are found guilty of violations of the law can face rather stiff financial penalties and other actions that simply combine to show that employment discrimination is not something to get involved with.

Under federal law, employment discrimination can take place under a few different circumstances that impact most businesses. These include:

During employee hiring and firing
In regard to the pay, assignments or classifications given employees
During advertising, recruitment, training and testing of employees
In regard to any fringe benefits, pensions or other forms of compensation given employees

To protect against charges of employment discrimination, employers must take steps to ensure their actions are fair, unbiased by certain factors and generally only hinge on qualifications, abilities and demonstrated practices of employees themselves.

The buzz words employers need to watch out for in regard to employment discrimination are many. In general, employers are prohibited from:

Harassing employees on the basis of race, religion, color, national origin, sex, age or disability.
Engaging in any act of retaliation against an employee who files a complaint of employment discrimination or takes part in an ongoing investigation about discrimination.
Making hiring decisions based on stereotypes based on sex, age, religion, color, national origin, disability and so on. To be safe and avoid employment discrimination charges, employers should make hiring, firing and promotion decisions based solely on an employee’s qualifications and demonstrated performance. Take care with the wording of employment advertisements, as well. These can sometimes be used to prove discrimination claims.
Making hiring decisions based on a potential employee’s marriage to someone based on color, race, religion, origin, disability and so on. The potential employee or the employee’s spouse should not be a factor in hiring, period. This is the best way to avoid a claim of discrimination based on these factors.

Employers that want to protect themselves against claims of discrimination should take measures to ensure fair practices throughout their business structures. Employees should be rewarded or reprimanded solely on their performance and abilities. Never allow other factors to come into play and the chances of a claim being filed are minimized.

Employment discrimination is a very big issue facing employers today. To protect a business, it is best to use the best judgment when hiring, firing or promoting. Creating uniform policies and procedures and ensuring they are followed can go a long way toward this end. Even with the best laid plans, however, complaints are sometimes still filed.

Employment Discrimination Facts Employers Need To Know is a post from: Employment Guide

Violations of employment discrimination laws are serious. While it is possible for employees to lodge complaints with the federal government at no charge, some employees opt to find an employment discrimination attorney to help guide their case.

The benefits of having an employment discrimination attorney are many. This is often especially the case if damages are desired as a result of violations. The benefits for hiring an employment discrimination attorney include:

Skill in handling the process. Dealing with federal agencies is never an easy undertaking for an individual. An employment discrimination attorney can help make the complaint filing process go more smoothly by navigating the red tape.
Making sure stones are not left unturned. A skilled lawyer knows the process, how to prove cases and what kind of compensation to ask for on behalf of a client. An individual employee might not seek out all he or she is entitled to.
Peace of mind. Employment discrimination cases can be rather emotional for those who have been victimized. Having an attorney to help with the process can deliver peace of mind.

Choosing the right attorney is the tricky part. There are some things to look for before selecting a an employment discrimination attorney. They include:

Specialty. There are a number of different types of discrimination that fall under federal law. Not all attorneys cover every type. The key is to find an employment discrimination attorney that is skilled and practiced in regard to the law at hand. An attorney that handles discrimination in the housing, for example, might not be skilled with labor laws. Make sure an employment discrimination attorney actually handles the right kind of cases.
Experience. While it is not always necessary to have a lawyer with a track record that dates back years, it is often desired to at least hire one with a bit of experience. To ensure this, find out the lawyer’s track record in winning cases.
Personality. This is not the most important factor that should go into hiring an attorney, but it can make a difference. A good match is one where a client feels very comfortable speaking with the attorney.

It might not always be necessary to hire an employment discrimination attorney to seek redress under federal law. It is, however, often seen as a very good idea, especially when an employee wants to see it through to the end. Having representation ensures that no stone is left unturned and that peace of mind goes along with the process.

Finding An Employment Discrimination Attorney is a post from: Employment Guide

Employment discrimination is an issue that touches many Americans. The landmark Civil Rights Act of 1964 did away with segregation and ensured working rights for African Americans and included the famous Title VII which prohibits employers to discriminate based on race, sex, religion or national origin. Since that time, a number of employment discrimination cases have made their way to the Supreme Court and have effectively changed how employment discrimination law is practiced today. In this article, well take a look at a few of the employment discrimination cases that were judged by the Supreme Court and have shaped the law as we know it today.

The first of the employment discrimination cases of note, Griggs v. Duke Power Company, dates from 1971 and was an important victory for African Americans. The Court decided that it is unlawful to expect that certain educational requirements be met or to administer intelligence tests that are not related to the job to be filled. In many cases, these requirements or intelligence tests were an underhanded way to exclude African Americans from being considered for employment.

The next of the important employment discrimination cases was an important victory for pregnant teachers 1974s Cleveland Board of Education v. LaFleur. At that time, public school boards had what would be considered archaic rules about at what point pregnant teachers would be forced to take their maternity leave. The Cleveland School Board required that pregnant teachers take unpaid leave five months before the expected childbirth and would not be permitted to return until the semester after the child reached the age of three months. Another school board noted in the case, in Chesterfield County, Virginia, required teachers to take unpaid leave four months and to give notice six months before the birth and would not be eligible for the next school year after the first day of school. The Court recognized that each pregnant teachers case is different and that many are able to continue working through the end of the pregnancy, making these imposed rules by the school boards violations of the pregnant teachers guarantee of due process.

Many of the employment discrimination cases have to do with sexual discrimination. In 1986, the case of Meritor Savings Bank v. Vinson found that a claim of a hostile environment can be considered a form of sexual discrimination. The Oncale v. Sundowner Offshore Serv., Inc. case in 1987 found that same-sex harassment can be considered a form of sexual harassment as covered by Title VII. In 1988, the case of Faragher v. City of Boca Raton found that an employer may be found liable for sexual discrimination caused by a supervisor, but liability will be dependant on the reasonableness of both the employers and the employees conduct.

Employment Discrimination Cases That Have Helped Shape Todays Laws is a post from: Employment Guide