Introduction
Employment discrimination refers to preventing discrimination at the workplace on the basis of age, sex, nationality, religion, ethnicity, physical disabilities and various other parameters (Player 4). Employment discrimination extends to prejudice in terms of hiring and recruitment, promotions, compensation, job roles, termination, harassment and retaliation. The Constitution of the United States has formulated protective measures to ensure no employer practices any kind of employment discrimination. As such, the federal government has devised a multitude of legislature and acts, which prevent different sorts of employment discrimination. Some of these acts include employment at will, Civil Rights act, sexual harassment, pregnancy discrimination, defense to claims, age discrimination, disabilities act, equal pay and many others (Player 5).
Employment at-will
According to employment at-will, an employer has the right to fire an employee for any reason, except on illegal grounds falling under the federal and state laws, such as discrimination on the basis of gender, race, religion and color (Player 13). Furthermore, an employee cannot be fired for notifying an illegal activity being carried out in an organization. An employer cannot fire an employee for exercising legal rights, such as medical leave and family leave, leave to join the US military and leave to vote or serve the jury. On the other hand, an employee who is not hired on the basis of employment at-will agreement has the right to quit the job without any prior notice to the employer.
According to the Title VII of the Civil Rights Act of 1964, an employee cannot be discriminated on the grounds of race, religion, color, nationality and gender (Player 16). The law is applicable to organizations employing over 15 employees, including local, state and federal governments. This law prohibits intentional discrimination in various aspects of employment, such as using organizational facilities, training programs, apprenticeship, retirement benefits, job transfer and promotion, leave benefits, compensation and many others (Player 17). Employment discriminatory practices also include harassment, denial of opportunities and bias of decisions on the basis of stereotypes.
Disparate Treatment and Disparate Impact Discrimination
Disparate treatment or differential treatment is intentional discrimination, which refers to the treatment of employees in a biased way than others who are in a similar situation (Player 148). On the contrary, disparate impact is unintentional and usually demonstrated by means of statistical disparities. Disparate impact is exceeding harmful and forces racial balance of employment. It not only impacts the business of an organization, but also violates the US constitution’s Equal Protection Clause (Player 149). According to Title VII of the Civil Rights Act of 1964, both disparate treatment and disparate impact are unconstitutional and lead to serious court charges.
Sexual Harassment
Sexual harassment refers to sexual discrimination, which violates Title VII of the Civil Rights Act of 1964. It includes undesirable sexual advances, sexual favors, verbal and physical conducts of sexual nature, which either implicitly or explicitly impacts the employment of an individual (Player 389). Sexual harassment often interferes with the work environment of an employee by impacting the performance and creating a hostile atmosphere. Federal and state laws prohibit all kinds of sexual harassment as it impacts the employment decisions of employees. Hostile environment created due to sexual harassment is open for legal action and employers with 15 or more employers are liable to punitive and compensatory damages (Player 363).
Pregnancy Discrimination Act of 1987
Pregnancy Discrimination Act of 1987 is an amendment to Title VII of the Civil Rights Act of 1964, and prevents any form of discrimination on grounds of pregnancy. Employers are entitled to treat employees who are unable to attend work temporarily due to pregnancy equally with other employees (Player 73). This act also prevents employers from engaging in regular acts of discrimination, such as terminating the employment of women or refusing to recruit women on grounds of pregnancy. Pregnancy Discrimination Act also safeguards women employees from discrimination on grounds of childbirth and other associated conditions (Player 266). Women who require leave to recover from delivery or miscarriage are entitled same rights as women who require time for pregnancy.
Age Discrimination in Employment Act of 1967
According to the Age Discrimination in Employment Act of 1967, employers are prohibited from discriminating employees on the basis of their age being equal to or older than 40 years (Player 17). This act prevents the issues arising from an aging workforce. An employer cannot refuse pay benefits and fringe benefits on the sole criterion of age. Furthermore, Age Discrimination in Employment Act of 1967 prevents an employer from segregating employees on the basis grounds of their age as it deprives them of employment opportunities. For instance, an employer cannot deny the promotion of an employee and restrain them to a particular level of employment on the basis of age.
Americans with Disabilities Act
According to Americans with Disabilities Act, which was enacted in 1990, employers are prohibited from discriminating employees on grounds of their disability. Disabled employees refer to those who are physically or mentally impaired to the extent that their impairment potentially intervenes with life activities (Player 121). The main purpose of Americans with Disabilities Act is to ensure that employees with disabilities enjoy the same employment benefits and opportunities as other employees. The act is applicable to organizations with more than 15 employees. It establishes significant guidelines to ensure that employees with disabilities are offered reasonable accommodation without causing undue hardship to the employer (Player 122). A disabled employee can file a case against the employer if he is merely rejected on grounds of his disability.
Equal Pay Act of 1963
According to the Equal Pay Act of 1963, employers are prohibited from discriminating the compensation of employees on the basis of their sex. In other words, the law states that men and women should receive equal pay benefits for equal work in similar establishments. All sort of compensation, including salary, bonus, holiday pay and fringe benefits should be allocated equally among men and women belonging to same hierarchal position (Player 404). The act enables the employees to file petition on grounds of discrimination if they receive unequal benefits when compared to their counterparts. Equal Pay Act of 1963 also prohibits employers from striking back against employees who file a case against employment discriminatory practices. However, a significant exception to the act is that it allows pay differentials after evaluating employees on the basis of certain criteria, which include merit, seniority and production levels.
Employment Discrimination Internationally
As a consequence of globalization, increasing number of employees work on global assignments for their home companies. As such, there is likelihood that these employees face discrimination either at home or abroad. As such, an extension to the Civil Rights Act of 1991 offers protection to employees working in foreign countries for US employers (Player 32). According to this act, all the laws mentioned above are applicable to foreign corporations, which are controlled by an employer of the US. Irrespective of the work authorization and citizenship, employees working in the US and its corresponding territories are safeguarded by the act even though they work for a foreign employer (Player 33).
Work Cited
Player, Mack. Federal Law of Employment Discrimination in a Nutshell. West Academic, 2013.
