Employees’ Protection against Discrimination and Other Unjust Employment Practices

Posted by on Aug 15, 2016 in Workers' Compensation | 0 comments

The Equal Employment Opportunity Commission (EEOC), which the US Congress established in 1964, is tasked to strictly enforce Title VII of the Civil Rights Act of 1964. Title VII is the federal mandate that promotes employees’ rights and strictly prohibits any form of discrimination in the workplace, be it due to one’s sex, race, color, religion or national origin [it may be worthwhile to note that EEOC interprets Title VII’s prohibition of sex discrimination to include discrimination against gender identity or sexual orientation. Thus protections apply, regardless of any contrary state or local laws, to lesbians, gays, bisexuals, and transgenders (LGBT) against employment bias.]

This federal mandate, which covers all private employers, state and local governments, and educational institutions with 15 or more employees, gives all individuals in the U.S. equal employment opportunities regardless of their educational qualification, previous work experience, or expertise.

Title VII is just protection of basic employee rights, though, that is, right against discrimination. There are other employee-protection laws, that the EEOC enforces, including, but not limited to:

  • Equal Pay Act (EPA)of 1963. This federal law, which amends the Fair Labor Standards Act, “prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions” (https://www.eeoc.gov/laws/statutes/epa.cfm);
  •  Age Discrimination in Employment Act (ADEA) of 1967 protects certain employees and job applicants aged 40 or above from being discriminated on the basis of age when it comes to hiring, promotion, discharge, compensation, and conditions or privileges of employment.
  • Americans with Disabilities Act (ADA) of 1990, which is actually the first comprehensive civil rights law in the U.S. ADA addresses the needs of those with disabilities and strictly prohibits their discrimination in employment, public accommodations, public services, and telecommunications; and,
  • Pregnancy Discrimination Act of 1978, is a U.S. federal statute that prohibit sex discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Despite the laws and their corresponding penalties against offenders, many employers, co-workers and clients or customers have been named, and continue to be named, as defendants in legal cases. Under the Civil Rights Act of 1991, victims of discrimination are legally allowed to claim monetary damages due to intentional employment discrimination.

The New York City employment attorneys of Cary Kane LLP encourages everyone, especially those in New York City, who feel that they have been treated unfairly or illegally in the workplace, to immediately seek help from a seasoned employment attorney who can guide them pursue legal action which will best apply to their respective cases.

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