subject: Federal Laws that Prohibit Employment Discrimination [print this page] Employers have the right to make employment-related decisions that are essential to a company's success. However, some of them tend to abuse their power by subjecting their employees to illegal employment practices.
One of these practices is making decisions that are based on an applicant or employee's protected characteristics. The law tries to protect employees against workplace discrimination by imposing federal anti-discrimination laws, which include the following:
Title VII of the Civil Rights Act of 1964
It prohibits employers from performing discriminatory practices against employees or applicants on the basis of color, race, sex, religion, age, disability, national origin. In addition, it protects employees from retaliation if they have asserted their rights in workplace or filed a discrimination complaint.
Title VII applies to private employers who have at least 15 workers, employment agencies, labor organizations, the federal government, state governments and their political agencies and subdivisions, and joint labor management committees that control trainings and apprenticeships.
The main reason why it was enforced is to prevent discrimination in all areas of employment including the following:
Firing
Promotion, transfer, or layoff
Recruitment
Job advertisements
Fringe benefits
Age Discrimination in Employment Act (ADEA)
Under ADEA, employers are prohibited from discriminating against applicants or workers who are 40-years-old and above. It applies to all private employers who have at least 20 workers, interstate agencies, the federal government, labor unions, and employment agencies.
It also provides protection to state government employees. However, these employees are prohibited from filing a case in court if they suffered from age discrimination. They can only file a complaint with the Equal Employment Opportunity Commission (EEOC).
Equal Pay Act (EPA)
It requires employers to provide equal compensation to male and female employees who have the same job responsibilities. However, these employees can have different salaries if the employer has based his decision on factors other than gender like merit or seniority.
Americans with Disabilities Act (ADA)
It prohibits local and state governments, private employers who have at least 15 employees, labor unions, and employment agencies from performing discriminatory actions against qualified disabled individuals in all aspects of employment.
A disabled employee or applicant will be qualified for the job if he can perform his job duties, even without reasonable accommodation.
Genetic Information Non-Discrimination Act (GINA) of 2008
Employers are prohibited from using an employee or applicant's genetic information as a basis when making employment decisions. In addition, they are also prohibited from requiring workers to provide such information.
This article is not meant to be interpreted as a legal advice. To know the available legal options regarding your case, consult anEmployment Law Attorney for more information.
Federal Laws that Prohibit Employment Discrimination
