It was during the 1960s when the Civil Rights Movement commenced and the federal government in cooperation with the state governments passed several laws as an action against one of the foremost civil violations happening in the country – employment discrimination. The laws that were enacted prevent any employer from making discriminating decisions against their employees.
According to the anti-employment discrimination laws, it is a violation to discriminate any employee for any grounds if it is not about the employee's performance or quality of work and the nature of the employee's personality.
The best-known anti-employment discrimination law
•Civil Rights Act of 1964, Title VII
-prohibits any employer who is employing a number of 15 or more employees from making discriminating policies or decisions based on the employee's gender, national origin, race, or religion
-Furthermore according to the Title VII, it is considered illegal for an employer to do the following actions against his / her employee on the basis of the aforementioned characteristics:
oReject application
oDeny training
oPunish or chastise
oRefuse to promote
oGive lesser pay
oDemote
oFire, retrench or lay off
oHarass
-Moreover, it is considered illegal when an employer adopts a rule or practice that may have a "disparate impact" on a certain protected class. An example of this is the implementation of hiring policies that have a tendency of screening out women applicants or those belonging to minority group
Other kinds of discrimination under the Title VII
•One of the particular discrimination based on an employee's gender is the discrimination because of pregnancy.
•While it is illegal to discriminate against women and members of a minority group, discrimination against males and "white" applicants is also a violation of anti-discrimination laws.
This type of discrimination is usually regarded as "reverse discrimination."
•Equal Pay Act – a federal law requiring any employer subject to the federal law on wage and hour policies, the Fair Labor Standards Act to give equal wage rates to employees, male or female who are performing the same kind of work or "equal work." Differences in pay may be based on seniority, quality of work and other factors as long as it is not because of the employee's sex.
•Age Discrimination in Employment Act (ADEA) – prevents any kind of discrimination against applicants or employees aged 40 years old and above. This law applies to employers hiring 20 employees and above.
•Americans with Disabilities Act (ADA) and Rehabilitation Act – a law against the discrimination of disabled persons by employers hiring 15 employees or more
•Immigration Reform and Control Act – any employer with 3 employees or more has committed a violation of this law if he or she discriminates against a legal or "intended" citizen of U.S. because of his/her national origin.
Many other anti-discrimination laws are implemented within municipalities, counties, and states, which apply to any kind of employer, indicating additional protection from discrimination to other classes like lesbians, gays, those receiving welfare, married or unmarried persons, and even those with children.
Law Of Employment Discrimination
If you or someone you know has ever experienced illegal employment discrimination you know how intimidating it can be to fight for your rights. It's easier to either accept the situation or find a new job than to demand justice. Houston employment attorneys will help you fight that battle and ensure that circumstances improve in your workplace.
There are many reasons and ways people are discriminated against and unfairly mistreated in the workplace. The majority of employment discrimination occurs because of factors the victim has no control over such as race, age or gender, or because an employee chooses to use benefits he or she is legally entitled to such as workmans compensation, family medical leave, or wistleblowing.
In 1964 Congress passed Title IIV of the Civil Rights Act making it illegal for a business to discriminate against any employee for reasons regarding race, color, religion, sex, or national origin. In a perfect world such, discrimination would never take place. In our imperfect world, even the law doesn't prevent discrimination from happening. Houston employment attorneys are there to protect your rights under Title IIV and other laws.
Houston employment attorneys handle and prosecute cases in areas of employment law, primarily representing individuals in claims against their employers. Some causes for prosecution could be:
Age Discrimination, including claims arising under the Age Discrimination in Employment Act.
Gender Discrimination and Sexual Harassment, including claims for pregnancy discrimination, sex discrimination, sexual harassment and failure to promote or hire under Title VII of the Civil Rights Act of 1964.
Race Discrimination, including claims for racial leave, failure to promote or hire under Title VII of the Civil Rights Act of 1964.
Disability Discrimination, including claims for perceived disability under the Americans with Disabilities Act.
Religious Discrimination, which includes claims based on religious harassment under Title VII of the Civil Rights Act of 1964.
Houston employment attorneys will also prosecute employers for retaliation against an employee including discharging or firing an employee for filing a charge of discrimination.
Houston employment attorneys protect Whistleblowers, which are employees, former employees, or members of an organization, who report misconduct or policy violations to people or entities that have the power to take corrective action, in accordance with the recently created Sarbanes Oxley Act.
Workers Compensation Retaliation Cases arising under the Texas Labor Code provision that renders it illegal for an employer to discriminate against an employee who files a workers compensation claim.
All of these services empower employees, making it easier to stand up for their employment rights. Houston employment attorneys are experienced and informed enough in employment law that they can help you get justice rather than "letting the man keep you down."
Both Lala C. Ballatan & Art Gib are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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