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Employment Discrimination Laws You Should Be Aware Of
by Chris Hinson

A variety of laws affect the employment practices of your business.  Employment discrimination laws affect employment practices from hiring to firing employees and everything in between.  The Federal Equal Employment Opportunity Commission (EEOC) administers federal employment discrimination laws.

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, and national origin.  It applies to employers with fifteen or more employees.

Employers must make sure that they do not ask potential employees interview questions that might indicate that the hiring decision is based on one or more of these prohibited factors.   For example an employer should not ask a potential employee her maiden name because this might indicate national origin.

Employers must also comply with the Act by maintaining a workplace that is free from harassment.  Sexual harassment falls under the Act because it is a form of sex discrimination.  The employer must also make sure the workplace is free from racial and ethnic harassment.  The Act does not just apply to the employer’s behavior.  The employer also is responsible for preventing harassment by supervisors, fellow employees, and even non-employees such as customers.

Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act.   It prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions and applies to all terms and conditions of employment, including hiring, firing, promotion, leave, and benefits.

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are forty years of age or older in all aspects of employment including hiring and benefits.  It applies to employers with twenty or more employees.

In order to comply with the ADEA, employers must avoid basing employment decisions such as hiring, firing or promotion on stereotypical beliefs about older workers.  For example, an employer should not assume that an older worker cannot work for a younger supervisor or that an older worker is likely to retire.  Employers should also avoid job advertisements that may discourage older workers from applying by avoiding the use of terms such as “young” or “recent graduate”.

The Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities.  It applies to employers with fifteen or more employees.  An individual who has a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment, or is regarded as having such impairment.   The ADA requires an employer to provide reasonable accommodation for the disability of a qualified applicant or employee.  Generally, the applicant or employee must request the accommodation.

The Equal Pay Act of 1963 prohibits gender based wage discrimination between men and women who perform substantially equal jobs within the same establishment.  This means that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

The Immigration Reform and Control Act prohibits employers from discriminating in employment on the basis of citizenship or national origin.  It also requires employers to verify the identity and employment authorization of all employees.  This law is enforced by the Department of Justice rather than the EEOC.

  In addition to these Federal employment discrimination laws, your business may also be subject to State employment discrimination laws.  Check with an attorney who practices in the area of employment law to determine whether your business is complying with state employment discrimination laws.