Minority Job Applicants: Understanding Legal Protections And Rights

In the United States, there are several laws that protect minorities from discrimination in the job application process. The Equal Employment Opportunity Commission (EEOC) enforces these laws, which include:

- Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, colour, religion, sex, or national origin

- The Equal Pay Act of 1963, which protects men and women who perform substantially equal work from sex-based wage discrimination

- The Age Discrimination in Employment Act of 1967, which protects individuals 40 years of age or older

- Title I and Title V of the Americans with Disabilities Act of 1990, which prohibit employment discrimination against qualified individuals with disabilities in the private sector and government

- Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work for the federal government

- Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits employment discrimination based on genetic information

- The Civil Rights Act of 1991, which provides monetary damages in cases of intentional employment discrimination

The Civil Rights Act of 1964

The laws enforced by the EEOC prohibit an employer from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex, or national origin, or on an individual with a disability. It is also illegal to retaliate against a person because they complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Equal Pay Act of 1963

In the United States, the Equal Employment Opportunity Commission (EEOC) ensures fairness in the workplace and protects against discrimination in the hiring process. The EEOC enforces laws that prohibit discrimination based on race, colour, religion, sex, gender identity, sexual orientation, pregnancy, national origin, age, disability, or genetic information. This includes discrimination in job advertisements, recruitment, hiring decisions, job assignments, promotions, wages, employee benefits, discipline, discharge, and employment references.

In addition to the above, there are other laws that protect minorities in applying for jobs. The Equal Pay Act of 1963 (EPA), which amended the Fair Labor Standards Act of 1938, prohibits sex-based wage discrimination between men and women who perform substantially equal work in the same establishment under similar working conditions. This means that employers cannot pay unequal wages to individuals of different sexes for jobs that require equal skill, effort, and responsibility. The EPA protects individuals of all sexes and covers all forms of compensation, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, accommodations, reimbursement for travel expenses, and benefits.

To bring a claim under the EPA, an employee must show that individuals of different sexes are receiving unequal wages for substantially equal work in the same establishment and under similar working conditions. Substantially equal work refers to work that requires equal levels of skill, effort, and responsibility, even if job titles are different. The EPA imposes strict liability on employers, meaning that they can be held liable regardless of their intention to discriminate. To avoid liability, employers must prove that wages are set according to one of the four statutory defences allowed under the EPA: a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a factor other than sex.

It is important to note that the EPA only prohibits discrimination based on sex regarding wages. On the other hand, Title VII of the Civil Rights Act of 1964 has a broader scope and bars various forms of employment discrimination, including discrimination in hiring, firing, promotions, and pay. Title VII also protects additional classes beyond sex, such as race, colour, religion, and national origin.

Furthermore, affirmative action plays a role in promoting diversity and equal opportunity in employment. While private companies are not required to have affirmative action plans, federal contractors with more than 50 employees and contracts worth more than $50,000 must implement affirmative action to promote the hiring of minority workers. Affirmative action encourages qualified minorities to apply for positions and urges companies with government contracts to actively seek out applicants from underrepresented groups. It is important to note that affirmative action does not mean hiring unqualified individuals or setting quotas based on race or any other factor.

The Age Discrimination in Employment Act of 1967

The ADEA was enacted to promote the employment of older persons based on their ability rather than age, to prohibit arbitrary age discrimination in employment, and to help employers and workers find ways to address problems arising from the impact of age on employment.

Under the ADEA, it is unlawful for employers, employment agencies, and labor organizations to discriminate against any individual aged 40 or older with respect to their compensation, terms, conditions, or privileges of employment. This includes limiting, segregating, or classifying employees in a way that deprives them of employment opportunities or adversely affects their status as an employee because of their age.

The ADEA also prohibits employment notices or advertisements from including age preferences, limitations, or specifications. For example, terms such as "age 25 to 35" or "recent college graduates" suggest age preferences and violate the ADEA unless a statutory exemption, such as a Bona Fide Occupational Qualification (BFOQ), applies. However, notices or advertisements may express a preference for older individuals by seeking "over 50s" or "retirees."

The ADEA permits federal agencies to favor older workers based on age, even if doing so adversely affects a younger worker who is 40 or older. Additionally, it is not a violation of the ADEA for an agency to take an employment action based on an employee's retirement status or eligibility, as long as the retirement status or eligibility is a factor other than age.

The ADEA also prohibits harassment of individuals aged 40 or older, including offensive remarks about their age. While the law does not prohibit simple teasing, offhand comments, or isolated incidents, harassment becomes illegal when it is frequent and severe, creating a hostile or offensive work environment or resulting in adverse employment decisions such as demotion or termination.

Furthermore, the ADEA prohibits retaliation against individuals for opposing employment practices that are discriminatory under the ADEA or for participating in employment discrimination proceedings. This includes filing charges of employment discrimination, cooperating with internal investigations, or serving as a witness in an EEO investigation or litigation.

The ADEA covers individuals employed by an employer in a workplace in a foreign country, but it does not include those elected to public office in any state or political subdivision or those chosen by such officials for their personal staff or as appointees on the policymaking level or as immediate advisors.

The Americans with Disabilities Act of 1990

Under the ADA, employers must make reasonable accommodations for the known physical or mental limitations of otherwise qualified individuals with disabilities, unless doing so would result in undue hardship. This may include providing sign language interpreters, readers, or modified equipment.

The ADA defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities, someone with a history or record of such an impairment, or someone perceived by others as having such an impairment.

In addition to employment, the ADA also addresses state and local government activities, public transportation, public accommodations, and telecommunications relay services.

The Genetic Information Nondiscrimination Act of 2008

In the US, laws prohibiting workplace discrimination have been in place since the Civil Rights Act of 1964. The Equal Employment Opportunity Commission (EEOC) is the body that ensures fairness in the workplace.

The statute defines "genetic information" as information about:

• A disease or disorder in family members (family history)
• An individual's genetic tests
• Genetic tests of an individual's family members
• Genetic tests of any fetus of an individual or family member
• Any request for or receipt of genetic services, or any participation in genetic testing or genetic counselling by an individual or family member

GINA prohibits federal agencies from using or relying on genetic information related to employees or applicants when making decisions regarding any aspect of employment, including hiring, promotion, demotion, seniority, discipline, termination, compensation, and any decision regarding terms, conditions, or privileges of employment.

Harassment of an employee or applicant because of their genetic information is also prohibited, as is retaliation against an employee or applicant for filing a GINA-based charge of discrimination, participating in a genetic information discrimination proceeding, or otherwise opposing discrimination made unlawful by GINA.

In addition, GINA prohibits employers from intentionally requesting or obtaining genetic information from employees or applicants. There are a few narrow exceptions to this prohibition:

• Inadvertent acquisitions of genetic information, such as a manager overhearing someone talking about a family member's illness
• Genetic information (such as family medical history) may be obtained as part of health or genetic services, including wellness programs, offered by the employer on a voluntary basis, if certain specific requirements are met
• Family medical history may be acquired as part of the certification process for FMLA leave, where an employee is asking for leave to care for a family member with a serious health condition
• Genetic information may be acquired through commercially and publicly available documents like newspapers, as long as the employer is not searching those sources with the intent of finding genetic information or accessing sources from which they are likely to acquire genetic information (e.g. websites and online discussion groups that focus on issues such as genetic testing and genetic discrimination)
• Genetic information may be acquired through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace, where the monitoring is required by law or, under carefully defined conditions, where the program is voluntary

Frequently asked questions