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Employment Discrimination Laws:

Employment Discrimination Laws:. Title VII ADEA PDA ADA Sexual Orientation. Title VII. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex (gender), or national origin in companies with 15 or more employees.

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Employment Discrimination Laws:

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  1. Employment Discrimination Laws: Title VII ADEA PDA ADA Sexual Orientation

  2. Title VII • Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex (gender), or national origin in companies with 15 or more employees. • One of the key provisions is prohibition of sexual or racial/religious/ethnic harassment by supervisors, coworkers or even by third parties. • Another key provision is prohibition of unintentional discrimination • Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and by state agencies in states which have comparable civil rights laws. http://members.aol.com/mattlawfrm/fedlaw.htm#title7

  3. ADEA • Enacted in 1967 • Its purpose is to ensure protection for individuals who are at least 40 years old or above • When posting a job opening, no employer is permitted to put forth an age preference or offer benefits for applying to one specific age group • Protects against discrimination in hiring/firing, benefits, training, terms, etc. • The U.S. Equal Employment Opportunity Commission oversees and enforces the ADEA (Information taken from U.S. Equal Employment Opportunity Commission)

  4. Filar v. Bd. Of Educ. Of Chicago • The U.S. Court of Appeals for the Seventh Court ruled that a 69 year old teacher’s ADEA challenge to her reassignment from full-time teacher to substitute teacher could proceed, but it rejected her claim under ADA.

  5. PDA • The Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. • PDA makes it unlawful for an employer to discriminate against an employee based on aspects of pregnancy including childbirth and other medical conditions related to pregnancy. • There are five main protections provided under PDA. • Under PDA employers are not expected to treat pregnant employees with anymore leniency then non pregnant employees.

  6. ADA • Americans with Disabilities Act of 1990(ADA) • ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in… • An individual with a disability is a person who: • Has a physical or mental impairment that substantially limits one or more major life activity. • Has a record of such impairment or is regarded as having such impairment. • What is a qualified employee?

  7. School Bd. Of Nassau County v. Arline • Gene Arline’s employment was terminated • Arlinefiled that she was protected under Section 504 of the Rehabilitation Act of 1973. • The Supreme Court affirmed the Court of Appeals to determine if she was otherwise qualified as an elementary teacher.

  8. Stormyjean Winters v. Pasadena Independent School District • The teacher accepted a one year probationary contract and took a four month medical leave for depression. • The school did not offer the teacher a contract because she had a record of depression • The court held that the teacher held no record of a disability that limited a major life activity. • The teacher’s record of depression was noted as treatable and did not prevent her from working. • The court granted the school district summary judgment on the teachers discrimination claim under the ADA.

  9. Sexual Orientation • Nocurrent federal laws prohibiting sexual orientation discrimination • As of August 2008, it is illegal in 20 states and hundreds of cities and counties to base employment decisions on sexual orientation

  10. http://en.wikipedia.org/wiki/Image:US_LGBT_civil_rights_August_2008.pnghttp://en.wikipedia.org/wiki/Image:US_LGBT_civil_rights_August_2008.png

  11. Indiana Laws on sexual orientation Statewide Employment Protections • NO Private employment protections based on sexual orientation. • NO Private employment protections based on gender identity. • YES Public (state) employment protections based on sexual orientation. • Public (state) employment protections based on gender identity.

  12. ENDA-`Employment Non-Discrimination Act of 2007‘(introduced to House) The purposes of this Act are-- (1) to provide a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation or gender identity; (2) to provide meaningful and effective remedies for employment discrimination on the basis of sexual orientation or gender identity; and (3) to invoke congressional powers, including the powers to enforce the 14th amendment to the Constitution, and to regulate interstate commerce and provide for the general welfare pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the basis of sexual orientation or gender identity.

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