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Aspects of Employment Protected by EEOC Discrimination Laws

Under federal law, all forms of discrimination are prohibited in all aspects of employment.

In the Equal Employment Opportunity commission or EEOC, discrimination laws are being implemented by setting the guidelines and standards that should be followed in the workplace.

Some of the discrimination laws that are being implemented by the EEOC are:

  • Title VII of the Civil Rights Act of 1964 – Prohibits discrimination based on sex, race, religion, national origin, and color.
  • Age Discrimination In Employment Act (ADEA) - Prohibits discrimination against workers above 40 years old.
  • Americans with Disabilities Act (ADA) – Prohibits discrimination against qualified individuals based on their disability or medical condition.
  • Equal Pay Act – Workers of the opposite sex should receive equal pay for performing substantially equal amounts of work.

All these laws apply to all aspects of employment such as:

  • Job Advertisements – Employers are prohibited to release ads that show preference or discourage certain people to apply because of their race, color, national origin, religion, age, or disability.

  • Recruitment and hiring – An employer must not base hiring decisions on the applicants’ race, color, national origin, religion, age, or disability.

    The tests administered by the company should be necessary for the position and reasonable accommodations should be given to applicants with disability as long as it does not give the employers undue hardship.

    Employers are also encouraged to limit their pre-employment inquiries to essential information about the job. The following are topics that should be avoided during employment interviews:
    • Race
    • Credit rating
    • Economic status
    • Citizenship
    • Height and weight
    • Religion or beliefs
    • Gender
    • Marital Status
    • Number of children
    • Disability and medical condition

  • Job assignments and promotions – When assigning jobs or considering employees for promotion, the employer should base the decision on the qualifications and not the prejudices and stereotypes about race, color, national origin, religion, age, or disability.

  • Pay and benefits – All employees that are performing substantially equal amount of work should receive equal pay.

  • Discipline and Termination – An employer cannot give different penalties for the same offense because of the offending party’s race, color, national origin, religion, age, or disability.

    If the company needs to lay-off, employees should not be chosen just because they are over 40 years old.

    Employers are also prohibited in discriminating when deciding which workers would be recalled after a layoff.

    Lastly, employers cannot perform constructive termination or force an employee to resign by creating a hostile working environment.

  • Reasonable Accommodations – Employers are required to respect and accommodate their workers’ religion by giving them freedom and accommodation to practice their beliefs.

    Worker’s with disabilities should also be given accommodation as long as they request for it and does not cause their employers undue hardship.

Consult an employment law attorney to know more about your rights against discrimination in the workplace.

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