An Overview of Anti-Discriminatory Legislation

The Employment Discrimination Act looks for preventing the discrimination on the basis of sex, race, national origin, religion, age, and physical disability by the owners of the company. The increasing law’s body also works for the prevention of discrimination in employment on the base of sexual orientation. Practice of discrimination includes job assignment, bias in hiring, termination, promotion, retaliation, compensation, and different sort of employment harassment. The main body of this act comprises of state and federal statutes. The US constitution and some other state’s constitution offer extra protection when employer is governmental body and therefore government has taken numerous important steps for fostering the practices of discrimination in the workplace.

Federal Employment Statutes Prohibiting Discrimination

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Further centralized remedies are determined in the Section 1981 of the U.S. Code in order to prevent persecution and intended perception in the place of work. Modified in 1991, § 1981 actually offers the necessary features in order to provide an unlike influence privilege and allows adjudicators to honor compensatory and disciplinary compensations in circumstances of premeditated discrimination. Additional, the Supreme Court of United States has taken § 1981 in recent to suggest such a private source of act for revenge claims that usually based on race (Issacharoff & Nelson, 2000). A revenge statement which is based on race is that sort of act in which proprietor has reacted in contradiction of a member of staff for devising earlier filed an objection about the discrimination in the race.

In the Civil Rights Act of 1964, heading VII forbids discrimination in any sort of aspect regarding the relationship of the employment. The Act disallows any sort of discrimination either it is based on color, race, religion, national origin or sex. In the same way, Sex contains pregnancy, giving birth or as well as related therapeutic conditions. It usually declares it unlawful for employers to differentiate in relation to discharging, contracting, recompensing, or in other words offering the situations, and constitutional rights of occupation. Moreover hiring organizations may not differentiate in case of referring any applicant. The Act also forbids labor societies from centering association or unification categorizations which are based on color, race, religion, national origin or sex.

Nineteenth Century Civil Rights Acts

In the year 1993, the Nineteenth Century Civil Rights Acts was amended, and make sure that every individual has equal rights beneath the shade of this discrimination law, and list the available damages to plaintiffs and took under the Title 7 of the “Civil Rights Act”, ADA (American with Disabilities Act), and the Rehabilitation Act of 1964, 1990, and 1973 respectively (Shoben, 2003).

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Equal Pay Act

The Fair Labor Standard Act of 1963 was amended by the Equal Pay Act. It prohibits the unions and employers from paying unequal wages on the basis of sex of employee; but not prohibits the discrimination practice in hiring. It calls for workers to be paid equally if they have equal works that require equal effort, responsibility, and skill.

Age Discrimination in Employment Act

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This act prohibits the employer from employment discrimination based on age. This prohibition practice is approximately parallel to those practices that are listed in the Title VII, and offers protection to employees from discrimination up to the age of forty. The Age Discrimination in Employment Act is comprised of clear principle regarding retirement plans, pension, and other benefits. In the course of 2007 to 2008, statute was clarified by the Supreme Court of U.S, in three different areas:

1. Disparate impact for filed claims under Age Discrimination in Employment Act.
2. Employees by which the Intake Questionnaire is submitted.
3. Personal suit of revenge by complainants.

The Rehabilitation Act

The objective of the Rehabilitation Act is to increase opportunities of employment in the public and private sectors both just for the physically and mentally disabled people by affirmative action programs regarding and elimination of discrimination. The employers included in the Act are among the agencies of federal government and also the workers who are receiving federal contracts above $2500 or financial assistance by the federal government. The section 793 of the Act which is handed over to the employment under the federal contracts is being in action by the Department of labor (Clermont & Schwab, 2009). The section 794 of the Act which is handed over to organizations that are receiving federal assistance is being in action by The Department of Justice. The act being against to federal employees and federal agencies that publish the rules regarding to the employment of the disabled persons keep in force by The EEOC.

American with Disabilities Act

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In order to eradicate discrimination against handicaps, Congress represented the American with Disabilities. It prevents discrimination that is based on a physical or mental disability by workers involved in commerce and governments of the state. ADA prevents discrimination much widely and broadly as compare to the demonstrably outlined by title VII (Ziegert & Hanges, 2005).

Black Lung Act

Discrimination done by the mine workers against the miners who suffer from the disease of “black lung” i.e. pneumoconiosis eradicates by The Black Lung Act.

Equal Payment Act

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The elucidation of the Title 7 of Americans with Disabilities Act, Equal Payment Act, and ADEA is being done by EEOC. The development of The Commission was done by Title VII. Section 2000e-5 of Title 42 consists of the provisions for enforcement, and Title 29 Part 1614 of the Code of Federal Regulations includes its rules, regulations and guidelines (Shoben, 2003). The employers who are left behind by those enactments which provide high protection from employment discrimination by the federal acts, similarly these enactments also involve in providing protection from employment discrimination by extending those laws which is present in the federal act. Groups who were left behind and not covered by the federal act is now being protected by the other statutes. Enactments of number of states give safety for individuals performing civil or family duties external to their normal employment.

References

Clermont, K. M., & Schwab, S. J. (2009). Employment discrimination plaintiffs in federal court: From bad to worse. Harv. L. & Pol’y Rev., 3, 103.

Issacharoff, S., & Nelson, J. (2000). Discrimination with a Difference: Can Employment Discrimination Law Accomodate the Americans with Disabilities Act. NCL Rev., 79, 307.

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Shoben, E. W. (2003). Disparate Impact Theory in Employment Discrimination: What’s Griggs Still Good For-What Not. Brandeis LJ, 42, 597.

Ziegert, J. C., & Hanges, P. J. (2005). Employment discrimination: the role of implicit attitudes, motivation, and a climate for racial bias. Journal of Applied Psychology, 90(3), 553.

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