Employment Law
Hypothetical Case:
John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. How will he proceed?
Laws Prohibiting Job Discrimination
There are several U.S. federal laws that prohibit job discrimination. These include
Title VII of the Civil Rights Act of 1964:
The law prohibits employment discrimination based on race, color, religion, sex, or national origin.
Equal Pay Act of 1963:
Prohibits sex-based wage discrimination.
Age Discrimination in Employment Act of 1967:
Protects workers of 40 years and older from discrimination.
Title I and V of American Disabilities Act of 1990:
Prohibits employment discrimination against qualified individuals with disabilities.
Civil Rights Act of 1991:
provides for damages in cases of intentional employment discrimination. ("Federal EEO Laws," 2004)
All of the above mentioned laws against job discrimination are enforced by the U.S. Equal Employment Opportunity Commission (EEOC) -- the agency responsible for enforcing Federal Equal EEO laws and for coordinating the Federal government's effort to eradicate workplace discrimination.
Discrimination Complaint Process
First of all, John would be well-advised to make a reality check on his individual circumstances: he should be aware that litigation is very stressful; the process is often long drawn out and lasts for over an year; it is often expensive and does not always end in award of large amounts of damages for the complainant. Sometimes a complainant may erroneously consider a legitimate, non-discriminatory action of an employer as discriminatory; hence it is always worthwhile to make consultations with an attorney before proceeding with the complaint. ("California Information for Employees ... " n.d.)
Secondly, John would have to determine the alleged issue of discrimination suffered by him, i.e., whether the discrimination by his employer is due to John's race, color, religion, sex, national origin, disability, age, or sexual orientation. Complaints or appeals regarding discrimination based on sexual orientation are not heard by the EEOC. ("Discrimination Complaint Process ... " n.d.) Otherwise the procedure for lodging a discrimination complaint is the same, irrespective...
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