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Understanding Employment Discrimination Laws

Learn about key federal laws related to employment discrimination, such as Title VII, Equal Pay Act, and ADA. Understand disparate treatment and civil rights protections.

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Understanding Employment Discrimination Laws

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  1. Employment Discrimination

  2. Disparate Treatment • Disparate treatment is discrimination that occurs when an employer treats some employees less favorably because of their race, color, religion, sex or national origin. ©SHRM 2008

  3. Civil Rights Act of 1866 • Oldest federal legislation that affects staffing. • Based on 13th Amendment. • Gives all citizens same property rights and contracts “enjoyed by white citizens”. • No statute of limitations. ©SHRM 2008

  4. Equal Pay Act of 1963 • Equal pay for men and women who do “substantially the same work”. • Permits pay distinctions when based on the following: • Unequal responsibility. • Different working conditions. • Seniority differences. • Merit pay system. • Quantity and quality of production. ©SHRM 2008

  5. Title VII of the Civil Rights Act - 1964 • Prohibits employment discrimination based on: • Race, Color, Sex, Religion, National Origin • Established the Equal Employment Opportunity Commission (EEOC). • Applies to employers with 15 or more employees. ©SHRM 2008

  6. Exceptions to Title VII • Business necessity. • Bona fide occupational qualification (BFOQ). • Seniority. ©SHRM 2008

  7. Age Discrimination in Employment Act - 1967 • Makes it illegal to discriminate against workers 40 years old and older. • With limited exceptions, there is no upper age ceiling. • Applies to employers with 20 or more employees. ©SHRM 2008

  8. Pregnancy Discrimination Act - 1978 • Amendment to Title VII of the Civil Rights Act. • Illegal to discriminate based on pregnancy, childbirth or related medical conditions. • Employer must treat pregnancy the same as any other temporary disability. ©SHRM 2008

  9. Rehabilitation Act of 1973 • Prohibits discrimination based on physical or mental disabilities. • Applies to federal government and federal contractors with grants in excess of $2,500. ©SHRM 2008

  10. Americans with Disabilities Act - 1990 • Prohibits discrimination against qualifiedindividuals with disabilities. • Requires reasonable accommodation unless the accommodation creates a business hardship. • Applies to organizations with 15 or more employees. ©SHRM 2008

  11. Americans with Disabilities Act - 1990 • Defines “an individual with a disability” as a person who: • Has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and; • Has a record of such an impairment, or; • Is regarded as having such an impairment. • Does not cover correctable physical limitations. ©SHRM 2008

  12. Americans with Disabilities Act - 1990 • A job function may be considered essential if: • The reason the job exists is to perform the function. • There are a limited number of other employees available to perform the function. • The function is highly specialized and requires specific expertise or ability. ©SHRM 2008

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