Discrimination Laws Legal Overview

Discrimination Laws Legal Overview

Unfortunately, some groups of people in the United States have historically been treated unfairly. When making employment decisions some employers have discriminated against individuals on the basis of 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.

Starting in the 1960s, Congress passed a number of laws designed to eradicate discrimination and created "protected classes." Under the various anti-discrimination laws, employers cannot take factors such as race, color, religion, national origin, sex, age or disabilities into account when making employment decisions.

Federal anti-discrimination law is covered under five different statutes:

• Title VII of the Civil Rights Act of 1964 (Title VII) prevents discrimination on the basis of race, color, religion, sex or national origin.
• The Equal Pay Act (EPA) ensures women and men who perform equal work get equal pay.
• The Age Discrimination in Employment Act (ADEA) prevents discrimination against individuals aged 40 or older.
• The Americans with Disabilities Act (ADA) prevents discrimination against individuals with disabilities and requires employers to make reasonable accommodations for individuals with disabilities.
• Section 501 of the Rehabilitation Act of 1973 prevents discrimination against qualified individuals with disabilities who work for the federal government. It has been amended to mirror the ADA.

Covered employers
Anti-discrimination laws do not cover all employers; most of the laws exempt smaller employers from the requirements. Only the Equal Pay Act covers almost all employers. Title VII and the ADA cover all employers with 15 or more employees, and the ADEA covers employers with 20 or more employees. Smaller employers may be covered under state anti-discrimination law. In addition, according to the U.S. Supreme Court, the ADEA does not cover state employees.

Enforcement
All of the statutes are enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal administrative agency that reviews discrimination complaints and either makes a finding of discrimination or issues a right-to-sue letter, which allow employees to bring their own lawsuit. In some cases, the EEOC will bring a lawsuit on behalf of an employee. The EEOC also issues regulations and policy guidance implementing the laws.

Under Title VII, the ADA and the ADEA, it is illegal to discriminate in any aspect of employment, including:

• hiring and firing
• employee classification
• transfer, promotion, layoff or recall
• job advertisements
• recruitment
• testing
• use of company facilities
• training and apprenticeship programs
• fringe benefits (e.g., health insurance, vacation, etc.)
• 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 or ethnic group, or an individual with a disability; and
• discrimination based on an individual's participation in schools or places of worship associated with a particular racial, ethnic or religious group.

There are some circumstances where employers may legally prefer one national origin, religion, age or sex to another. These are called "bona fide occupational qualifications." They are allowed when there is a legitimate business reason to hire one type of person over another. For example, a Baptist church can refuse to hire a minister who is not Baptist because being Baptist is a "bona fide occupational qualification" for the position.