Employment Discrimination: Overview
Since the Civil Rights Movement of the 1960s, federal and state governments have enacted a number of laws that bar an employer from discriminating against employees on almost any grounds, aside from the quality of the employee's work or the nature of his or her personality. Following is an introduction to the law of discrimination in employment.
Race, National Origin, Gender, and Religion
The best known of employment anti-discrimination laws, Title VII of the Civil Rights Act of 1964, prohibits an employer with fifteen or more employees from discriminating on the basis of race, national origin, gender, or religion. Under Title VII, it is illegal for an employer to take any of the following actions against an employee based upon his or her race, national origin, gender, or religion:
- Refuse to hire;
- Discipline;
- Fire;
- Deny training;
- Fail to promote;
- Pay less or demote; or
- Harass.
In addition, it is illegal for an employer to adopt a policy or practice that has a "disparate impact" on a protected class, such as by adopting hiring criteria that tend to screen out women or minority group members, or by instituting a required test for promotion on which a particular class tends to score badly. Such a policy or test, like a specific policy that only men or women can have certain jobs, is legal only if it can be deemed a "bona fide occupational qualification." An example is a strength test that tends to screen out women, but is a necessary test for fire fighters who must be able to carry victims down tall ladders.
Other Types of Discrimination Under Title VII
The bar against discrimination on the basis of gender includes discrimination on the basis of pregnancy. Contrary to popular belief, however, Title VII does not just bar discrimination against women and minority group members, but also bars discrimination against male or white employees or applicants. Such discrimination is popularly known as "reverse discrimination," and may be caused, for example, by an over-ambitious affirmative action program.
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