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Discrimination, for the purposes of employment law, is any workplace action such as hiring, firing, demoting, and promoting based on a prejudice of some kind that results in the unfair treatment of employees. With some notable exceptions, such as affirmative action, discrimination is strictly prohibited by a myriad of federal laws.
The Rehabilitation Act of 1973 essentially applies the standards of Title VII to the federal government as an employer.
The Equal Pay Act (EPA) prohibits sex-based wage discrimination between men and women who perform under similar working conditions. The EPA applies to all employers covered by the federal Fair Labor Standards Act (FLSA).
The Pregnancy Discrimination Act (PDA), which is part of Title VII, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
The Family and Medical Leave Act (FMLA) prohibits discrimination against pregnant women and parents as well as certain other medical conditions.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against people age 40 and older. The ADEA covers private employers with 20 or more employees, state and local governments (including school districts), employment agencies, and labor organizations.
The Americans with Disabilities Act (ADA) prohibits discrimination against a qualified person with a disability because of the disability, association with someone with a disability, or because the employer sees an employee as disabled, even if he actually isn’t. The ADA applies to the same list of employers as Title VII.
The Nineteenth Century Civil Rights Acts, amended in 1993, ensure all persons equal rights under the law and outline the damages available under the Civil Rights Act of 1964, Title VII, the ADA, and the 1973 Rehabilitation Act.
In addition to federal laws, many states also have laws prohibiting discrimination and some include even more protected categories - such as sexual orientation - than the federal laws cover.
Related articles on Discrimination from the State Employment Law Letters designates additional valuable resources available exclusively to Employment Law Letter subscribers
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