Employment discrimination (members ed.)

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The Equal Employment Opportunity Commission (EEOC) prohibits employment discrimination and helps ensure "equal pay for equal work" regardless of:

Gender - protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
Race
Religion
Sexual preference
Age - protects individuals 40 and older
Disabilities -
prohibits employment discrimination against qualified individuals with disabilities

Discriminatory Practices Prohibited by EEOC Laws

Employers and Other Entities Covered by EEOC Laws

EEOC FAQs

Posted Notification of EEOC Laws

Contacting the EEOC

Discriminatory Practices Prohibited by EEOC Laws


It is illegal to discriminate in any aspect of employment, including:

Hiring and firing
Compensation, assignment, or classification of employees
Transfer, promotion, layoff, or recall
Job advertisements
Recruitment
Testing
Use of company facilities
Training and apprenticeship programs
Fringe benefits
Pay, retirement plans, and disability leave
Other terms and conditions of employment

Discriminatory practices under these laws also include:

Harassment on the basis of race, color, religion, sex, national origin, disability, or age
Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities
Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title vii also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.


National origin discrimination

Sex discrimination

Age discrimination

Equal pay

Disabilities

National Origin Discrimination
It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting the business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

Religious Accommodation
An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

Sex Discrimination
Prohibitions against sex discrimination specifically cover:

Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)
Pregnancy-Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Age Discrimination 
Specifically prohibits:

Statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ)
Discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs
Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers

Equal Pay
The Equal Pay Act (EPA) prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that:

Employers may not reduce wages of either sex to equalize pay between men and women.
A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.
A violation may also occur where a labor union causes the employer to violate the law.

Disabilities
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

Individual with a Disability -- An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

Qualified Individual with a Disability -- A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Reasonable Accommodation -- Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

Undue Hardship -- An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations -- Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Drug and Alcohol Use -- Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA, when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

Employers and Other Entities Covered by EEOC Laws
The ADA covers all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.


EEOC FAQs
Q: Who can file a charge of discrimination?

A: Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

Q: How is a charge of discrimination filed?

A: A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.

Q: What information must be provided to file a charge?

A: The complaining party's name, address, and telephone number
The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known
A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated)
The date(s) of the alleged violation(s).
 

Q: What are the time limits for filing a charge of discrimination?

A: All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
 

Q: What remedies are available when discrimination is found?

A: The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

Back pay
Hiring
Promotion
Reinstatement
Front pay
Reasonable accommodation
Other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination).
Attorneys' fees,
Expert-witness fees
Court costs

Posted Notification of EEOC Laws
Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.


Contacting the EEOC for information and assistance
EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation. The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).


 

 

 

 

 

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