Employee Law Questions

In 1991 the ADA made a law that stated businesses with 15 or more employees must provide reasonable accommodations.

The plant is breaking the Immigration Reform and Control Act (IRCA). The law was passed to control or prevent illegal immigration in the United States. Furthermore, the law prohibits employers to knowingly hire unauthorized workers. The plant is breaking the law because they are responsible for reviewing, confirming, and verifying employee’s eligibility. The plant needs to use the I-9, Employment Eligibility Verification, which assist employers in identifying if workers are citizen or non-citizens of the United States.

The first place an employer would want to start in order to understand which laws affect them as an employer is compliance assistance information and resources. Under the website subheading, Help Navigating Department of Labor Laws and Regulation it gives a general definition of compliance assistance. It states, that compliance assistance is an important part of the Department’s effort to protect the wages, health benefits, retirement security, employment rights, safety, and health of American’s workforce

Title VII Rights Act of 1964 forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin (EEOC, 1997). This law applies to federal, state and local employers. The above conditions may not be used to refuse to hire or for terminating an individual or in other words discriminate against any individual (EEOC, 1997). In order to release an employee in any of the above categories the employer must have documentation based on quantity or quality of production and the employer can also make this decision based on results of a professionally developed ability test, which cannot be used to discriminate (EEOC, 1997). If an employee feels they have been let go for an unjust reason they can file a formal

Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

It is somewhat surprising that employers continue to violate employment laws dealing with discrimination. One case, Catterson v. Marymount Manhattan College, litigated and settled in 2013, was especially egregious. According to the EEOC (2013), the college had refused,

Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.

Title VII applies to state and local governments with 15 or more employees and also applies to employment agencies and labor organizations including our federal government. Based on Title VII employment opportunities cannot be denied to any person based upon their race or perceived race or because of their marriage or association with a person or persons of a particular color or race. Title VII also prohibits employment decisions based on stereotypes and assumptions pertaining to the abilities, traits, or the performance of persons from certain racial groups. Title VII makes it unlawful to discriminate when recruiting, hiring, and promoting, transferring, also work assignments, performance measurements, the work environment, job training, discipline and discharge this also includes wages and benefits, and anything else including condition and the privilege of employment. Title VII not only prohibits intentional discrimination, it also covers neutral job policies that disproportionately affect any person of a certain race, color, nationality that are not related to the job and the needs of the

The Title VII of the Civil Rights Act of 1964 can be found in the United States Code (Pub. L. 88-352) Volume 42.The basis of the act Title VII is to prevent employment discrimination against race, color, religion, sex and national origin. Title VII prohibits an employer from both (i) discriminating against an employee on the basis of sex, and (ii) retaliating against an employee for complaining about prior discrimination or retaliation. According to the U.S. Equal Employment Opportunity Commission, the purpose of the act is to enforce the

Laws against discrimination- Title VII of the Civil Rights Act of 1964 says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to their race, color, religion, sex, or national origin (Lee, 1998). This Act

Federal Equal Employment Opportunity (EEO) Laws-The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies (2009).

Title VII states that an employee cannot be treated differently because of sex unless sex is a bona fide occupational qualification (BFOQ). When used as a defense, bona fide occupational qualification (BFOQ) allows an organization to hire and employ individuals on the basis of the qualifications reasonably necessary to the normal operation of that particular business or enterprise. This paper will discuss the necessary steps employers must take in order to justify using sex as a discriminator when hiring employees and review some known cases where BFOQ was used as a defense.

Equal Employment Opportunity (EEO) laws have helped shape the workforce today and they have greatly contributed to the introduction of diversity in the working environment. No longer are people rejected of employment based on their race, gender, age, or disability. The labor force has increased from 62 million people in 1950 to over 159 million people in the labor force today (Toolsi). The passing of the EEO laws proved to be a great advancement in the diversity of the workforce and treatment of employees, but it was a tremendous battle to get where we are today. Before the passing of these laws, unequal treatment was normal and discrimination was common among the majority of employers. This made acquiring employment difficult and caused many people to be unemployed. Three Equal Employment Opportunity laws that helped diminish these discriminatory practices were Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the American with Disabilities Act of 1990. For each law, I will describe what it enforces and explain the actions that happened in society and the workplace that made these laws necessary. I will discuss important political figures that contributed to the passing of these laws. Lastly, I will examine how each law has improved human resources and has led to better management of employees overall.

Rule: “The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.”