Employment Discrimination

Phonesavanh Khammanivong

Legal Evir of Business Section 01

Mrs. Lucy Wilson

November 13, 2016

Employment Discrimination

Employment discrimination happens when an employee or job application is treated unfavorably because of his or her race, skin, color, national origin, gender, disability, religion or age. It is illegal to discrimination in any facet of employment, so workplace discrimination extends beyond hiring and firing.

 Employment discrimination law in the United States derives from the common law and is codified in the states and federal laws. The federal government assist employees from being discrimination against members in the workplace. Employment discrimination is covered under serval key pieces of legislation, judicial decision and administrative agency that the government saw fit to put into place over the past 50 years. The following important statute are Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin. EEOC and State that Title VII protection applies to workplace where there are fifteen or more employees employed (The United States Supreme Court has ruled that an employer with fewer than fifteen employees is not automatically shielded from a lawsuit file under Title VII, p 505 textbook). It also provides protection for state, local, and federal governments as well as employment agencies. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

The Equal Employment Act of 1963: Dose away with discrimination in wages between women and men, when employed in the same position or job. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit (An employee alleging discrimination must file a claim with EEOC before a lawsuit can be brought against the employer, p505 textbook). The Age Discrimination Act of 1967: Prohibits age discrimination against individuals who are 40 years old or older. Age discrimination is a practice specifically protected by law. With a few rare exceptions, companies are forbidden from specifying an age preference in job advertisements. Employees must receive the same benefits regardless of age, the only exception being when the cost of providing supplemented benefits to young workers is the same as providing reduced benefits to older workers. Also, age discrimination in apprenticeship programs or internship opportunities is illegal.