Discrimination Laws: Who Are They Designed To Protect?

Discrimination laws apply to employers, employees, and job applicants. Discrimination laws are in place to prevent discrimination based on race, sex, sexual orientation, religion, national origin, physical disability, and age. The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body, or the government has taken significant steps to foster the discriminatory practice of the employer.

Employees and job applicants

Discrimination laws apply to employees and job applicants in several ways. Firstly, it is illegal to discriminate against an individual based on their race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information. This includes discrimination during the application and hiring process, such as when providing employment applications or making hiring decisions. It also covers decisions about job assignments, promotions, and discipline or discharge.

Secondly, employers are prohibited from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees based on the protected characteristics listed above. For example, a policy requiring employees to speak only English on the job may violate Title VII of the Civil Rights Act of 1964 if it is not necessary for conducting business.

Thirdly, discrimination laws require employers to provide reasonable accommodations for employees or job applicants with disabilities, unless doing so would cause significant difficulty or expense. Reasonable accommodations may include providing a sign language interpreter or making changes to the workplace to allow a wheelchair user to access their workplace.

Fourthly, discrimination laws prohibit harassment of employees based on their protected characteristics. Harassment can include slurs, offensive comments, or other verbal or physical conduct that creates a hostile or offensive work environment.

Finally, discrimination laws require employers to post notices advising employees of their rights under these laws and their right to be free from retaliation for reporting discrimination.

Employers

Discrimination laws apply to employers in several ways. Firstly, employers are prohibited from discriminating against employees or applicants based on their race, colour, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (over 40), disability, or genetic information. This means that all aspects of employment, from recruitment and hiring to promotions, wages, and disciplinary actions, must be free from discrimination.

Secondly, employers are required to provide reasonable accommodations for employees or applicants with disabilities, unless doing so causes significant difficulty or expense. Reasonable accommodations might include providing a ramp for wheelchair users or allowing additional break times for pregnant employees.

Thirdly, employers must not retaliate against employees or applicants who complain about discrimination or participate in an investigation or lawsuit related to discrimination. This protection ensures that individuals can speak up without fear of negative consequences.

Furthermore, employers are expected to take proactive steps to prevent discrimination before it occurs. This can include providing equal employment opportunities, such as equal pay for equal work, and ensuring that their policies and practices do not have a disproportionately negative impact on certain protected groups.

Finally, employers with a certain number of employees are subject to specific laws. For example, businesses with 15 to 19 employees are covered by laws prohibiting discrimination based on various factors, while those with 20 or more employees are subject to additional laws, including the Age Discrimination in Employment Act.

In conclusion, discrimination laws apply to employers by outlining prohibited behaviours, mandating accommodations, protecting individuals who report discrimination, requiring proactive measures, and specifying legal obligations based on the number of employees. These laws aim to create fair and equitable workplaces free from discrimination and harassment.

Private employers

Discrimination laws apply to private employers, depending on the number of employees they have.

If a private employer has at least one employee, they are covered by the law that requires equal pay for equal work for male and female employees. With 15-19 employees, they are covered by laws that prohibit discrimination based on race, colour, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability and genetic information (including family medical history). They are also covered by the law that requires equal pay for equal work.

If a private employer has 20 or more employees, they are covered by the laws that prohibit discrimination based on race, colour, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history). They are also covered by the law that requires equal pay for equal work.

Additionally, federal employment discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) cover all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

The Age Discrimination in Employment Act (ADEA) covers all private employers with 20 or more employees, while the Equal Pay Act (EPA) covers all employers covered by the Federal Wage and Hour Law (Fair Labor Standards Act).

State and local governments

Discrimination laws apply to state and local governments, and they are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws that prohibit employment discrimination based on race, colour, religion, sex, national origin, disability, and age. This includes the following:

• 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 who are 40 years of age or older.
• The Americans with Disabilities Act of 1990, which prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
• The Rehabilitation Act of 1973, which prohibits discrimination against qualified individuals with disabilities who work in the federal government.
• The Genetic Information Nondiscrimination Act of 2008, which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee.

It is important to note that the Fifth and Fourteenth Amendments of the United States Constitution also limit the power of federal and state governments to discriminate. The Fifth Amendment explicitly states that the federal government cannot deprive individuals of "life, liberty, or property" without due process of the law, and it also guarantees equal protection under the law. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights to due process and equal protection.

Federal agencies

One of the key federal agencies tasked with enforcing civil rights laws is the United States Department of Justice (DOJ). The DOJ's Civil Rights Division is specifically dedicated to upholding the legal rights of individuals and groups protected under federal discrimination laws. This division handles cases involving discrimination based on race, color, national origin, religion, sex, disability, and other protected characteristics. They have the authority to investigate and litigate cases of discrimination, ensuring compliance with federal laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Fair Housing Act.

Another pivotal federal agency in this context is the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws prohibiting employment discrimination. This includes overseeing the enforcement of Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, and national origin in the workplace. Additionally, the EEOC handles cases related to the ADA, the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA). They receive and investigate charges of discrimination, mediate disputes, and, if necessary, litigate in federal court to uphold the rights of employees and job applicants.

The Department of Housing and Urban Development (HUD) is also actively involved in addressing discrimination. HUD enforces the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, and disability. They investigate complaints of housing discrimination, provide education and outreach on fair housing rights, and work to promote equal access to housing opportunities.

Furthermore, federal agencies like the Department of Education (ED) and the Department of Health and Human Services (HHS) also have roles in addressing discrimination within their respective domains. The ED enforces civil rights laws in schools and educational institutions, ensuring equal access and opportunities regardless of protected characteristics. HHS, on the other hand, addresses discrimination in healthcare settings, including issues related to disability access and cultural competency.

In summary, federal agencies have a comprehensive mandate to address discrimination across various sectors of society. Through enforcement, education, and litigation, these agencies work to protect the rights of individuals and promote equal opportunities for all. Their efforts help ensure that discrimination laws are upheld and that those who violate these laws are held accountable.

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