Getting cranked up again.Talking about discrimination laws.
1960 discrimination laws were a large change from previous situations.
Important information: http://eeoc.gov
Any time a person is lumped together with a similar group of people to protect them from discrimination, they are considered a protected class.
The first major law protecting a class was the Equal Pay Act of 1963. Required companies to pay females the same amount as males. Two people in jobs of equal worth must be paid the same. Equal worth for a job is based on skill, effort, responsibility, and working conditions. Two jobs rated as having equal worth may have different pay based on seniority, merit, or an incentive pay system.
The most generally important related law was the 1964 Civil Rights Act. This act made discrimination illegal on the basis of race, color, religion, sex, or national origin. It made it illegal to classify a job as being for or not for a protected class.
The Equal Employment Opportunity Commission is responsible for enforcing anti-discrimination laws in the U.S. This is most applicable to private employees. Government employees are subject to even more stringent policies enforced by the Office of Federal Contract Compliance Programs.
In 1967, the Age Discrimination and Employment Act made it illegal to discriminate against people 40 years old or older.
In 1978, pregnancy, childbirth, and related medical conditions were added to protected classes.
Also in 1978, the Vocational Rehabilitation Plan of 1978 provided affirmative action for handicapped people in federal jobs.
In 1990, the Americans with Disabilities Act covered anyone with physical or mental limitations, so long as those disabilities did not impose undue hardship on the business.
In 1991, the Civil Rights Act placed the burden of proof for proving discrimination on the plaintiff, rather than requiring the defendant to prove no discrimination. This act also provided for compensatory and punitive damages to companies which discriminate against protected classes.
Something which interferes with your work or creates a hostile work environment can trigger enforcement by the EEOC.
Quid Pro Quo, in harassment terms, means asking for sexual favors in exchange for being hired, promoted, or otherwise rewarded.
Important early court decisions:
- Griggs vs. Duke Power Company: Griggs, a black man, did not get a job shoveling coal for Duke because Duke required a high school diploma for employees. This was felt to be discriminatory, because it eliminated black applicants at a higher rate than white applicants, and the requirement was found to be unrelated to the job.
- Albemarle Paper Company vs. Moody: Clarified that tests required for employment must be related to the job, and valid tests.
There are two major defenses against accusations of discrimination in hiring.
- Bona Fide Occupational Qualification — prove that race/gender/religion or whatever is a genuine requirement for the job.
- Business Necessity — Must show there is an overriding business requirement for discrimination. Very difficult to prove.