Combating Discrimination: Exemptions From Legal Recourse

Discrimination is prohibited by law in the United States, with federal and state laws in place to prevent discrimination based on race, sex, sexual orientation, religion, national origin, physical disability, and age. The Equal Employment Opportunity Commission (EEOC) enforces these laws, which cover both public and private sectors. Title VII of the Civil Rights Act of 1964, for example, prohibits employment discrimination based on race, color, religion, sex, or national origin. However, it is important to note that certain laws do not apply to discrimination, and there are exceptions to anti-discrimination legislation. For instance, the Civil Service Reform Act of 1978 (CSRA) prohibits discrimination by federal agencies but does not cover employees of specific government agencies, such as the FBI and the CIA. Additionally, the Equal Pay Act of 1963 focuses specifically on wage discrimination between men and women performing substantially equal work.

Discrimination in hiring

If an employer requires job applicants to take a test, the test must be necessary and related to the job, and it cannot exclude people based on their protected characteristics. In addition, if a job applicant with a disability needs an accommodation (such as a sign language interpreter) to apply for a job, the employer is required to provide this, as long as it does not cause significant difficulty or expense.

It is also illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying because of their protected characteristics. For example, a help-wanted ad that seeks "females" or "recent college graduates" may violate the law by discouraging men and people over 40 from applying.

In addition to the laws enforced by the EEOC, there are other federal laws that prohibit discrimination in hiring. The Civil Service Reform Act of 1978 (CSRA) prohibits discrimination by federal employers based on race, colour, national origin, religion, sex, age, or disability. It also prohibits reprisal against federal employees or applicants for whistle-blowing or exercising their appeal, complaint, or grievance rights.

Individuals who have experienced discrimination in hiring can also file a lawsuit directly, and they may be entitled to compensatory and punitive damages. Compensatory damages aim to make the victim whole and can include lost wages, emotional distress, and other out-of-pocket expenses related to the discrimination. Punitive damages are designed to punish the employer and deter similar behaviour in the future, and the amount varies based on the severity of the discriminatory conduct.

To protect themselves from legal action and ensure compliance with the law, employers should avoid making hiring decisions based on any protected characteristics and ensure that their hiring processes are fair and equitable.

Discrimination in promotions

Illegal Discrimination in Promotions

It is illegal for employers to make decisions about job promotions based on an employee's protected characteristics. These protected characteristics include race, colour, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. For example, an employer cannot promote employees based on their race or favour certain employees for promotions because of their religion.

Stereotypes and Assumptions

Employers are prohibited from using stereotypes and assumptions about a person's protected characteristics when making promotion decisions. They cannot use preconceived notions about an employee's race, colour, religion, sex, national origin, age, disability, or genetic information to influence their choices.

Tests and Qualifications

If an employer requires employees to take a test before considering them for a promotion, the test must be necessary and related to the job. It cannot exclude individuals based on their protected characteristics unless the employer can demonstrate that the test is directly relevant to the position.

Disproportionate Impact of Neutral Policies

Even if an employer uses neutral employment policies, these policies must not have a disproportionately negative impact on employees from certain protected groups. For example, a neutral policy that appears fair on the surface but ends up disadvantaging a particular racial group would be considered discriminatory.

Remedies and Compensation

If an employee has been wrongfully denied a promotion due to discrimination, they may be entitled to legal remedies and compensation. This can include financial damages, such as the difference between their current salary and the salary they would have earned with the promotion. It may also include compensation for pain and suffering caused by the discrimination.

Filing a Complaint

Employees who believe they have been subjected to discrimination in promotions can contact the EEOC Office of Equal Opportunity or file a complaint through the EEOC Assessment System. The EEOC will investigate the claim and attempt to reach a settlement with the employer if discrimination is found. Employees may also seek legal advice from attorneys experienced in employment law to guide them through the process of filing a complaint and initiating a lawsuit if necessary.

Discrimination in termination

Federal Laws Against Discrimination in Termination

The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit job discrimination. These laws include:

• Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, colour, religion, sex, or national origin.
• The Equal Pay Act of 1963: Ensures equal pay for men and women performing substantially equal work.
• The Age Discrimination in Employment Act of 1967: Protects individuals aged 40 or older from employment discrimination.
• The Americans with Disabilities Act of 1990: Prohibits discrimination against qualified individuals with disabilities in the private sector and state and local governments.
• The Genetic Information Nondiscrimination Act of 2008: Prohibits employment decisions based on genetic information.
• The Civil Rights Act of 1991: Provides monetary damages for victims of intentional employment discrimination.

State Laws and At-Will Employment

While federal laws provide a baseline of protection against discriminatory termination, individual states may have their own laws and policies. For example, New York is an "at-will employment" state, which means employers can terminate employees at any time and for any reason, as long as it is not discriminatory. However, this also leaves employees vulnerable to wrongful termination.

Proving Wrongful Termination

Proving wrongful termination can be challenging. It is advisable to consult a lawyer specialising in employment law to determine the best course of action. Some steps that may be taken include:

• Asking the employer for the reasons for termination and requesting a written notice.
• Obtaining the employee's personnel file and other relevant company documents.
• Documenting the details surrounding the termination, including positive experiences prior to termination and the performance of similar employees who were not fired.
• Filing a complaint with the EEOC and initiating legal action if evidence of discrimination is found.

Discrimination in compensation

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs do not need to be identical, but they must be substantially equal in terms of skill, effort, and responsibility, and performed under similar working conditions. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit-sharing, life insurance, vacation and holiday pay, allowances, accommodations, reimbursement for travel expenses, and benefits. It is important to note that employers cannot reduce the wages of either men or women to equalize pay between the sexes.

Other federal laws that protect against compensation discrimination include the Age Discrimination in Employment Act of 1967 and Title I of the Americans with Disabilities Act of 1990. These laws ensure that individuals have the right to be free from discrimination in their compensation and cover a wide range of employers and employees.

If an individual believes they have been a victim of compensation discrimination, they can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or contact an employment lawyer to discuss their legal options. It is important to document job descriptions, data on pay, and any other evidence of lower pay to increase the chances of a successful claim.

Discrimination in job assignments

Discrimination can also occur when employers use neutral policies, procedures, or tests that have a disproportionately negative impact on certain employees. For example, an employer may not use a test that excludes applicants aged 40 or older unless the test is based on a reasonable factor other than age.

Frequently asked questions