Keith Mack
Federal laws prohibit discrimination against employees and job applicants on the basis of race, colour, religion, sex, national origin, disability, or age. The Civil Rights Act of 1991 provides additional protections, including monetary damages in cases of intentional employment discrimination. The Genetic Information Nondiscrimination Act of 2008 (GINA) also prohibits discrimination against applicants, employees, and former employees on the basis of genetic information. These laws are enforced by the Equal Employment Opportunity Commission (EEOC), which provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. So, what happens if an employer breaks these laws? Can an employee void their contract?
| Characteristics | Values |
|---|---|
| Breaking federal civil rights laws | Voiding an employment contract |
| --- | --- |
| The Civil Rights Act of 1991 | Provides monetary damages in cases of intentional employment discrimination |
| The Genetic Information Nondiscrimination Act of 2008 | Prohibits discrimination against applicants, employees, and former employees on the basis of genetic information |
| The Civil Rights Act of 1964 | Protects employees and job applicants from employment discrimination based on race, colour, religion, sex and national origin |
| The Civil Service Reform Act of 1978 | Prohibits discrimination against federal employees and applicants on the basis of race, colour, national origin, religion, sex, age or disability |
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What You'll Learn
Discrimination based on race, colour, religion, sex, national origin, disability or age
The Civil Service Reform Act of 1978 (CSRA) also contains a number of prohibitions against discrimination, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. The CSRA prohibits employees with hiring authority from discriminating for or against employees or applicants for employment on the bases of race, colour, national origin, religion, sex, age or disability.
Under Title VII, it is unlawful to discriminate in any aspect of employment, including hiring and firing, compensation, and other terms and conditions of employment.
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Discrimination based on genetic information
The Civil Rights Act of 1991 also provides protections against employment discrimination. The Act authorises compensatory and punitive damages in cases of intentional discrimination and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the Equal Employment Opportunity Commission (EEOC) to expand its technical assistance and outreach activities. The EEOC enforces all federal laws against employment discrimination, including GINA.
Other federal laws, not enforced by the EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. The CSRA prohibits any employee who has the authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the basis of race, colour, national origin, religion, sex, age, or disability.
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Discrimination based on terms and conditions of employment
Under Title VII of the Civil Rights Act, it is unlawful to discriminate in any aspect of employment, including terms and conditions of employment. This means that employers cannot discriminate against employees or job applicants based on race, colour, religion, sex, and national origin. The Genetic Information Nondiscrimination Act of 2008 (GINA) also prohibits discrimination against applicants, employees, and former employees based on genetic information.
Other federal laws, not enforced by the EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. The CSRA prohibits any employee with authority over personnel actions from discriminating against employees or applicants based on race, colour, national origin, religion, sex, age, or disability.
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Discrimination based on reprisal
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination against applicants, employees, and former employees based on genetic information. The Civil Service Reform Act of 1978 (CSRA) also contains prohibitions against discrimination for federal employees and applicants, including discrimination based on race, colour, national origin, religion, sex, age, or disability.
Any person who files a complaint or participates in an investigation of an EEO complaint is protected from retaliation under the laws enforced by the EEOC. This means that an employer cannot take adverse action against an employee for exercising their rights under these laws, such as filing a complaint or participating in an investigation. Such adverse action could include termination of employment, demotion, or other forms of retaliation.
In summary, breaking federal civil rights laws would likely void an employment contract, as these laws are designed to protect employees and job applicants from discrimination and reprisal. Employers who engage in discriminatory practices or retaliate against employees for exercising their rights under these laws may be subject to legal consequences, including monetary damages and other penalties.
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Discrimination based on personnel actions
The EEOC makes it unlawful for federal agencies to discriminate against employees and job applicants on the bases of race, colour, religion, sex, national origin, disability, or age. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, colour, religion, sex and national origin. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination against applicants, employees, and former employees on the basis of genetic information.
The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. The CSRA prohibits any employee who has the authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, colour, national origin, religion, sex, age or disability.
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Frequently asked questions
The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination.
The Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, colour, religion, sex and national origin.
The EEOC, or the U.S. Equal Employment Opportunity Commission, enforces federal laws against employment discrimination.
