The federal government has enacted a number of laws to protect workers from discrimination in many areas of the hiring process and through daily activities at the workplace. Beginning with laws passed in 1964 and up to as recently as 2008, protections covering a wide array of issues and circumstances have been set in place to foster non-discrimination in both the private and public sectors. For the best interest of your business in matters regarding quality hiring practices and long-term employee retention, it is necessary to understand the kinds of legal action the government has taken to cease job discrimination.
Race and Gender Law
The monumental Title VII of the Civil Rights Act of 1964 safeguards individuals from being discriminated against or harassed due to race, skin color or other features that can be related to a particular race. It gives employees or potential employees legal recourse in the event that a person is treated differently because of factors associated with race. Some of the particulars of the law include protection from hiring or not hiring on the basis of race, not providing benefits that are given to employees of same status, or paying someone a lower salary.
Title VII also protects people from discrimination based on gender, which is also listed as sex discrimination. The details of the law covers the negative consequences that are listed above and can also address unfair treatment due to transgender orientation and, depending on the circumstances, homosexuality. Sexual harassment is another issue that Title VII confronts to keep employees safe from unwanted advances and threats of a sexual nature in the working environment. Other legal protection addressing sex or gender includes the Pregnancy Discrimination Act and the Family and Medical Leave Act, which fight detrimental actions to employees due to pregnancy and give the mother protected time off after childbirth. In addition, the Equal Pay Act was passed in 1964 to promote equal pay for equal work.
Age and Ability/Health Law
Several laws also fight discrimination on the basis of age, ability or health-related issues. In 1967, the Age Discrimination in Employment Act was passed and signed into law to protect those age 40 and above from unfair practices in hiring, benefits and retirement. The Americans with Disabilities Act, which prohibits discrimination against those with disabilities, also requires employers to have business practices and physical accessibility in the workplace, such as ramps and large enough bathroom stalls to accommodate a wheelchair. A lesser-known law you may not be aware of was passed in 2008: the Genetic Information and Nondiscrimination Act. In the age of advanced medicine, this law strives to protect individuals with certain genetic qualities, such as a likelihood of developing cancer. This is primarily involved with your hiring and firing practices.
Religion and National Origin Law
Title VII addresses two other potential areas of discrimination that you and any business partners should be aware of. Religious affiliation is covered under this law, not only for an individual’s particular religion, but also to protect against unfair treatment due to associating with persons of a specific religion. Lastly, it is important to be aware that national origin is covered under Title VII as well. In 1986, additional legislation was passed that forbids discrimination based on citizenship or immigration status. This law is known as the Immigration Reform and Control Act.
Being aware of the legislation protecting employees from discrimination will help you foster a positive atmosphere in the workplace for all of your employees that can not only help you retain your top talent, but it can also draw in others for hiring. This awareness facilitates a healthy work environment and helps to protect you and your company. Keeping discrimination training up to date for all your employees is a key tool for successful business owners.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.