Employment Discrimination Laws and Application

                                                                                         

Employment Discrimination in the U.S.

Employment discrimination has been a long-time problem in many states in the U.S. This occurs whenever the employers or the top ranking official in a company unjustly single out their employees or applicants based on the following reasons:

• age
• color or race
• gender
• religious affiliation
• nationality
• disability
• other grounds

Created in 1964, the Equal Employment Opportunity Commission (EEOC) aims to end such problems, which affect the morale of the workforce. This agency has been deputized to enforce Title VII of the Civil Rights Act of 1964 that affects the labor sector and to promote government programs to achieve equal employment opportunity for the people. Since 2000, the commission has been involved in the resolution of labor disputes, with an average of more than 75,000 charges every year.

Employment Laws
After the establishment of the EEOC, numerous federal laws have been implemented to provide protection to the workers. Usually, other state labor legislations were based on these statutes depending on the need of a particular jurisdiction.

Examples of major employment discrimination laws are:

• Age Discrimination in Employment Act of 1967 (ADEA)
• Americans with Disabilities Act of 1990 (ADA)
• Civil Rights Act of 1964
• Equal Pay Act of 1963
• Rehabilitation Act of 1973
• Bankruptcy Act
• Civil Service Reform Act
• Whistleblower Protection Act

These laws prohibit various acts of discrimination in a workplace and lay down the employees’ rights in case of such discriminative actions have been exercised by their employers. Primarily, these provisions forbid employers to point out employees in these aspects of employment:

• Hiring and dismissal process
• Wage, tasking, or classification of employees
• Job promotion or discharge
• Work advertisements
• Recruitment procedures
• Assessment
• Utilization of business facilities and equipment
• Training and skills enhancement programs
• Handing over of benefits, grants and other employment privileges

Legal Application
All the aforementioned laws guarantee equal opportunity to the employees. Hence, for an employer’s action to be considered as illegal, a discriminated employee must prove the violation by presenting preponderance of evinces. With this, it is in his right and determination to hire a competent employment lawyer to advocate his cause.

Not seemingly, a qualified employment lawyer’s help can boost a discriminated worker’s case. That is, since a legal counsel knows the specific provision that may apply in a particular labor dispute and fully understands the necessary procedures in pursuing a discrimination claim. Thus, acquiring an expert lawyer will definitely increase the possibility of a winning lawsuit.

On the other hand, if in case a discriminated employee wishes to resolve the matter immediately, he may also ask his lawyer to settle his case through an out of court settlement. Here, a lawyer will calculate the damages suitable for the circumstances and subsequently arranges with the employer.

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