Agency Law: Discrimination Cases And Their Legal Implications

Discrimination is a serious issue in the workplace, and the law of agency plays a crucial role in addressing it. The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. These laws apply to both employees and job applicants, covering a wide range of employment decisions such as recruitment, hiring, promotions, wages, and termination.

When it comes to discrimination cases, the law of agency holds employers accountable for the actions of their agents or employees. This means that if an employee experiences discrimination from their supervisor or co-worker, the employer can be held liable. Additionally, the law prohibits employers from using neutral employment policies or practices that have a disproportionately negative impact on individuals from protected groups.

To address discrimination, individuals can file a complaint with the EEOC, which will investigate the claims and attempt to resolve them through mediation or conciliation. If these efforts are unsuccessful, the EEOC may decide to bring a lawsuit against the employer. It is important to note that there are time limits for filing a charge, usually within 180 days from the date of the alleged violation.

In conclusion, the law of agency plays a crucial role in addressing discrimination in the workplace by holding employers accountable for the actions of their agents and ensuring that employment policies do not disproportionately disadvantage protected groups. The EEOC is the primary body responsible for enforcing these laws and providing recourse to individuals who have experienced discrimination.

Discrimination based on race, colour, religion, sex, national origin, age, disability, or genetic information

The Equal Pay Act of 1963

The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination, ensuring equal pay for equal work.

The Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from age-based employment discrimination.

The Americans with Disabilities Act of 1990

The Rehabilitation Act of 1973

Sections 501 and 505 of the Rehabilitation Act of 1973 prohibit discrimination against qualified individuals with disabilities who work in the federal government.

The Genetic Information Nondiscrimination Act of 2008

The Civil Rights Act of 1991

The Civil Rights Act of 1991 strengthens federal civil rights laws and provides for the recovery of compensatory damages in cases of intentional employment discrimination.

Application and Enforcement

The US Equal Employment Opportunity Commission (EEOC) enforces these laws and provides oversight and coordination of federal equal employment regulations, practices, and policies.

In addition to the EEOC, other federal agencies play a role in enforcing anti-discrimination laws. For example, the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) enforce the Civil Service Reform Act of 1978 (CSRA), which prohibits discrimination by federal agencies based on race, colour, national origin, religion, sex, age, or disability, among other things.

At the state and local levels, Fair Employment Practices Agencies (FEPAs) enforce anti-discrimination laws and work with the EEOC to avoid duplication of efforts and ensure protection of individuals' rights.

Individuals who believe their employment rights have been violated can file a charge of discrimination with the EEOC, and may also have the option to file a civil action in a United States District Court, depending on the specific circumstances.

Discrimination in job applications and hiring

Despite this, racial discrimination in hiring is still happening at the earliest stages of the application process. A study by the National Bureau of Economic Research found that applications with distinctively Black names were about 10% less likely to get a callback than comparable applications with distinctively white names.

Job search discrimination can also take the form of age and sex discrimination, as well as sexist questions and attitudes. It is difficult to prove and know whether or not you have been discriminated against, as employers are usually vague when providing interview feedback.

However, if you have sufficient evidence that you have been discriminated against, you may choose to file a discrimination claim. If you decide to go down this path, you will need to be prepared to argue and support your case.

Discrimination in job assignments and promotions

For example, an employer may not give preference to employees of a certain race when making shift assignments and may not segregate employees of a particular national origin from other employees or customers. An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person's protected characteristics.

If an employer requires employees to take a test before making decisions about assignments or promotions, the test may not exclude people based on their protected characteristics, unless the employer can show that the test is necessary and related to the job.

To avoid discrimination lawsuits related to promotions, it is important to have a strong, effective, and established promotion policy. This policy should include neutral selection criteria, interview and promotion procedures, safeguards against adverse impacts on protected groups, and clear communication with employees.

Additionally, it is important to develop systematic rules for eligibility and keep the promotion process fair and equitable. This includes carefully crafting job descriptions and conducting interviews with all interested employees, regardless of their qualifications.

By following these steps, organizations can help ensure that promotions are handled in a fair manner and mitigate the risk of potential lawsuits.

Discrimination in employee benefits

In the US, the Equal Employment Opportunity Commission (EEOC) enforces laws that protect employees and job applicants from employment discrimination based on race, colour, religion, sex, national origin, age, disability, or genetic information. The EEOC's laws do not cover all employers, and coverage is often based on the number of employees.

The Age Discrimination in Employment Act of 1967 (ADEA) bans discrimination against protected groups in compensation and terms, conditions, and privileges of employment. The Equal Pay Act (EPA) prohibits sex-based wage discrimination in the payment of wages or benefits. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with a disability with respect to fringe benefits. Title VII of the Civil Rights Act of 1964 prohibits employers from considering a person's race, colour, sex, national origin, or religion in determining employee benefits.

Employers are generally allowed to offer different benefits to different employees, as long as the distinctions are based on "bona fide employment-based classifications" such as full-time vs. part-time status, geographic location, or date of hire and length of service. Employers must exercise due diligence to ensure their benefits are not discriminatory, keeping in mind the adverse impact on protected groups and any unintentional discrimination that may result from their decisions.

• Providing lower benefits to older workers without justification: Under the ADEA, employers may provide lower benefits to older workers in limited circumstances, such as when the employer is spending the same amount or incurring the same cost for the benefit for older and younger workers.
• Denying severance benefits to employees because they are eligible for a pension: Under the ADEA, employers must provide equal severance benefits to similarly situated employees without regard to age. Denying severance benefits to employees based on their eligibility for a pension is considered age discrimination.
• Using sex-based actuarial tables to calculate retirement benefits: Title VII requires employers to treat each woman and man as an individual when calculating retirement benefits. Using sex-based actuarial tables that rely on generalisations about women's and men's life expectancies is considered facial discrimination.
• Excluding coverage for pregnancy or related medical conditions in health insurance plans: Under the Pregnancy Discrimination Act (PDA), employers must cover pregnancy and related medical conditions in health insurance plans in the same way and to the same extent as they cover other medical conditions.
• Offering preferential benefit packages to highly compensated employees (HCEs): If a business is self-insured, the Affordable Care Act (ACA) prohibits offering preferential benefits packages to HCEs, who are individuals making more than $130,000 or owning more than 5% of the business.

To prevent discrimination in employee benefits, HR professionals should conduct regular audits of their employee benefits offerings, consult with legal and compliance teams, and correct any issues or shortcomings as soon as possible.

Discrimination in discipline and discharge

Discipline and discharge cases are a common source of employment discrimination lawsuits. In the US, the Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit discrimination against employees and job applicants on various protected grounds, including race, colour, religion, sex, national origin, age, disability, and genetic information.

Discipline

Disciplinary actions are punishments imposed by an employer on an employee for violating company rules, practices, or policies. The most common disciplinary actions include reprimands, warnings, suspensions, and demotions. When investigating a charge of discriminatory discipline, the EEOC should refer to its Compliance Manual, which provides detailed guidance on how to analyse a disparate treatment charge.

To establish a prima facie case of discrimination, the charging party must submit evidence that is sufficient to establish that their allegations are true if the respondent does not submit contrary evidence. Several types of evidence can be used to establish a prima facie case of disparate treatment in a discipline charge, including comparative evidence, direct evidence of discriminatory motive, and statistical evidence.

Comparative evidence involves identifying similarly situated individuals of a different protected class who were treated differently in the same or similar situation. Direct evidence of discriminatory motive includes statements or documents that show an improper criterion was the basis for adverse action. Statistical evidence may indicate that the respondent discriminates against a protected class, and that the charging party's discipline was part of this practice.

Discharge

Discharge is the dismissal of an employee by the employer. A constructive discharge occurs when an employee resigns from their employment because they are being subjected to unlawful employment practices, such as racial harassment. An employer may also be held liable for constructive discharge if the resignation is directly related to the unlawful employment practices.

In a discharge case, the charging party must also establish a prima facie case of discrimination. This can be done by identifying similarly situated individuals of a different protected class who were not discharged for the same or similar misconduct.

Reducing the Risk of Employment Claims

To reduce the likelihood of employment claims resulting from adverse employment actions, employers should:

• Communicate to employees the duties and objectives of their jobs.
• Put the basic elements of a disciplinary program in writing so that employees are aware of the consequences of failing to adhere to disciplinary rules or meet performance expectations.
• Ensure that employment evaluations are accurate and candid.
• Document employee deficiencies regularly and routinely.
• Conduct an investigation into the relevant facts and events before making any disciplinary decisions.
• Be consistent in imposing disciplinary measures for the same or similar types of infractions.
• Provide for an objective review of all severe disciplinary actions and terminations by management or human resources.
• Maintain the confidentiality of employment information.
• Develop systematic and documented explanations for employment decisions in the case of reductions in force.
• Conduct termination meetings in a sensitive and fair manner.

Frequently asked questions