Employment Law

Employers have the proper to make employment-related decisions that are crucial to a company’s success. Even so, some of them tend to abuse their power by subjecting their workers to illegal employment practices.

1 of these practices is producing 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 consist of the following:

Title VII of the Civil Rights Act of 1964

It prohibits employers from performing discriminatory practices against workers or applicants on the basis of color, race, sex, religion, age, disability, national origin. In addition, it protects workers 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 principal reason why it was enforced is to avoid discrimination in all areas of employment such as the following:

Firing
Promotion, transfer, or layoff
Recruitment
Job advertisements
Fringe rewards

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 supplies protection to state government employees. Nevertheless, these workers are prohibited from filing a case in court if they suffered from age discrimination. They can only file a complaint with the Equal Employment Chance Commission (EEOC).

Equal Pay Act (EPA)

It needs employers to present equal compensation to male and female employees who have the exact same job responsibilities. Nonetheless, these employees can have diverse salaries if the employer has based his decision on elements 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 workers, 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 Details Non-Discrimination Act (GINA) of 2008

Employers are prohibited from employing an employee or applicant’s genetic info as a basis when making employment decisions. In addition, they are also prohibited from requiring workers to supply such details.

This write-up is not meant to be interpreted as a legal assistance. To know the offered legal choices regarding your case, consult an Employment Law Attorney for much more information.