In cases involving discrimination in mortgage loans or home improvement loans, the Department may file suit under both the Fair Housing Act and the pattern or practice of discrimination or where a denial of rights to a group of persons raises an issue of general public importance.
Discriminatory practices under these laws also include: Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
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. Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation.
Title VII Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
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 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.
However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees.
Employers who impose citizenship requirements or give preferences to U. 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.
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, including same sex harassment. 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.
The Wage and Hour Division is listed in most telephone directories under U. Government, Department of Labor or at http: 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; and 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 Act The 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.
Employers may not reduce wages of either sex to equalize pay between men and women. A violation may also occur where a labor union causes the employer to violate the law. 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 impairment, or is regarded as having a disability.
An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory lasting or expected to last six months or less and minor.
Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions.
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. A person who only meets the "regarded as" definition of disability is not entitled to receive a reasonable accommodation. 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. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.
Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections.
It also directs the EEOC to expand its technical assistance and outreach activities. This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions.In Congress passed Public Law (78 Stat.
), popularly known as the Civil Rights Act of The provisions of this civil rights act forbade discrimination on the basis of sex as well as race in hiring, promoting, and firing. In , the Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of and made it illegal to discriminate against pregnant women in matters related to employment.
Read about the Pregnancy Discrimination Act. Gender discrimination laws also protect the rights of transgender individuals.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state and federal laws, particularly the Civil Rights Act of , as well as in the ordinances of counties and municipalities. These laws prohibit discrimination based on certain characteristics or protected categories. Adding the word “sex” to Title VII of the Civil Rights Act ensured that women would have a remedy to fight employment discrimination just as minorities would be able to fight racial discrimination. But Rep. Howard Smith had previously gone on the record as opposing any federal Civil Rights legislation. Gender discrimination laws also protect the rights of transgender individuals. Read the articles below to learn how to identify and protect you against gender based discrimination. The Equal Pay Act of protects men and women who perform the same work from sex-based wage discrimination. This section provides a number of .
Read the articles below to learn how to identify and protect you against gender based discrimination. The Equal Pay Act of protects men and women who perform the same work from sex-based wage discrimination.
This section provides a number of . Adding the word “sex” to Title VII of the Civil Rights Act ensured that women would have a remedy to fight employment discrimination just as minorities would be able to fight racial discrimination.
But Rep. Howard Smith had previously gone on the record as opposing any federal Civil Rights legislation. The Civil Rights Act of was the nation's premier civil rights legislation.
The Act outlawed discrimination on the basis of race, color, religion, sex, or national origin, required equal access to public places and employment, and enforced desegregation of schools and the right to vote.
Title VII of the Civil Rights Act of (Title VII) This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex.