dalalrealtor

Discriminatory Practices

Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act(ADA), and the Discrimination in Employment Ac(ADEA), It's illegal to discriminate in any aspect of employment, including:

* recruitment;

* testing;

* harassment on the basis of race, color, religion, gender, national origin, handicap, or age;

* employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a particular sex, race, age, religion, or ethnic group, or individuals with disabilities; and

* denying employment opportunities to a person because of marriage to, or association with, an individual of a specific race, religion, national origin, or an individual with a disability. 
Employers are expected to post a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free of retaliation.  Such notices must be accessible, as needed, to individuals with visual or other disabilities that affect reading.

Title VII

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or gender.

National Origin Discrimination

* It's illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

* A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is essential for conducting business. 
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a specific national origin, or those who appear to be or sound foreign, may violate both Title VII and IRCA; confirmation must be obtained from all applicants and employees. 
Additional information regarding IRCA may be obtained in the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for companies ) or ahttp://www.usdoj.gov/crt/osc

Religious Accommodation

* An employer must reasonably accommodate the religious belief of an employee or prospective employee unless doing so would impose an undue hardship.

Sex Discrimination

Title VII's broad prohibitions against sex discrimination specifically cover:

* Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same-sex harassment.  (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)

* Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in precisely the exact same manner as other temporary illnesses or conditions.

Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor.  For information about the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.  The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor athttp://www.dol.gov/whd/.

Age Discrimination in Employment Act

The ADEA's broad ban against age discrimination also specifically prohibits:

* statements or specifications in job notices or advertisements of age preference and limitations.  An age limit may only be given in the rare circumstance where age has been proven to be bona find occupational qualification (BFOQ);

* discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and

* denial of benefits to older workers.  An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is just like the cost of providing benefits to younger workers.

Equal Pay Act

ThEqual Pay Ac(EPA) prohibits discrimination on the grounds of gender in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that:

* Employers may not reduce wages of either sex to equalize pay between women and men.

* A violation of the EPA may occur where a different wage was/is paid to a man who worked in exactly the exact same job before or after an employee of the opposite sex.

* A violation may also occur where a labor union causes the employee to violate the law.

Titles I and V of the Americans with Disabilities Act

The ADA prohibits discrimination on the basis of handicap in all employment practices.  It's necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

Individual with a Disability

Someone with a disability under the ADA is someone that has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.  Major life activities are activities that an average person can perform with little or no difficulty such as walking, walking, seeing, hearing, speaking, learning, and working.

Qualified Person with a Disability

A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related needs of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the position.

Reasonable Accommodation

Reasonable accommodation may include, but isn't limited to, making existing facilities used by employees readily accessible to and usable by individuals with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; obtaining or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.  Reasonable accommodation may be required to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities.  An employer isn't required to lower production standards to make an accommodation.  An employer generally isn't obligated to provide personal use items such as eyeglasses or hearing aids.

Undue Hardship

An employer must make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business.  Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a company ' size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations

Prior to making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a handicap.  Applicants may be asked about their ability to perform job functions.  A job offer may be conditioned on the results of a medical examination, but only if the exam is required for all entering employees in the same job class.  Medical examinations of employees must be job-related and consistent with business necessity.

Drug and Alcohol Use

Employees and applicants currently engaging in the illegal use of drugs aren't protected by the ADA when an employer acts on the basis of such use.  Tests for illegal use of drugs aren't considered medical examinations and, therefore, aren't subject to the ADA's restrictions on medical examinations.  Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

The Civil Rights Act of 1991

ThCivil Rights Act of 199made main changes in the federal laws against employment discrimination enforced by EEOC.  Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections.  The Act authorizes compensatory and punitive damages in cases of intentional discrimination and provides for obtaining attorneys' fees and the possibility of jury trials.  Additionally, it directs the EEOC to expand its technical assistance and outreach activities.

Contact an experienced employment lawyer for a free consultation about discrimination in workplace.