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Laws That Protect You Against Discrimination
Are there laws that protect you from discrimination in your place of employment?
Yes, there are many laws that do just that, and the number of lawsuits being filed is constantly increasing. According to a January, 2000 report from the United States Department of Justice Bureau of Justice Statistics, job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998. Discrimination based on such factors as age, race, gender, religion, color, national origin is strictly prohibited by both state and federal statutes. The following is a partial list of federal laws that directly address the issue of discrimination.
Title VII - 29 USC & sect; 2000e-2000e-17
Prohibits discrimination in employment based on race, color, religion, sex and national origin. This law applies to public sector employers, as well as private sector employers who employ at least 15 employees (those with fewer than 15 are usually covered by state law). The Equal Employment Opportunity Commission enforces Title VII.
The Family Medical Leave Act - 29 USC & sect; 2601, 2611-2619, 2651-2654
Requires employers to grant employees up to 12 weeks of unpaid leave (within a 12 month period) for a) the birth of a child, b) the adoption of a child, c) a serious health condition that requires a leave of absence, or d) the care of a parent, spouse or child with a serious health condition.
Age Discrimination in Employment Act - 29 USC & sect; 621-634
Prohibits discrimination based on age. Age is defined to be 40 years or older, so this law does not prohibit discrimination against those younger than 40. This law applies to public sector employers, and private sector employers with more than 20 employees. However, those under 40 years of age, or who work for smaller employers often are protected by state law.
Americans with Disabilities Act - 42 USC & sect; 12101-12118
Prohibits discrimination based on physical or mental disability. This law applies to public sector employers, and private sector employers with more than 15 employees. Some states have laws that are more stringent.
*** Note: the ADA interprets "disability" to include Acquired Immune Deficiency Syndrome (AIDS). An employer cannot fire, or refuse to hire, a qualified employee because s/he has AIDS. Testing positive for HIV, the virus that causes AIDS, is generally considered as having a disability as well, so persons who are HIV positive are protected by the ADA.
The Fair Labor Standards Act - 29 USC & sect; 201-219
Establishes minimum wage and overtime rates. Regulates the employment of children. This law applies to hospitals, educational institutions, public sector, and private sector employers with at least 2 employees engaged in interstate commerce and a business volume of over $500,000/year. Many states have laws that apply to all businesses in the state, regardless of size.
The Immigration Reform & Control Act - 8 USC§1324a-1324c
Prohibits employers from hiring illegal aliens, but also prohibits employers from discrimination based on the citizenship status of aliens who have been lawfully admitted to the US.
The Employee Polygraph Protection Act - 29 USC & sect; 2001-2009
Prohibits employers from requiring employees or prospective employees to take a polygraph (lie detector) test.
Pregnancy Discrimination Act
States that employers and prospective employers cannot discriminate based on pregnancy or childbirth related medical conditions.
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