Legislation Regarding Discrimination in the Workplace
- The 1960s - a turbulent time in U.S. history.police line image by cico from Fotolia.com
Legislation regarding discrimination in the workplace has come a long way since the feudal systems of medieval Europe, indentured servitude, slavery, sweatshops and child labor. Labor laws follow the demands of history. Discrimination in employment led to people demanding legislation in the United States during the turbulent 1960s. - Equal pay for equal work.money and coins image by Kalani from Fotolia.com
The first of these laws was the Equal Pay Act in 1963, granting equal pay for women specifically and all minorities in general. At that time, newspaper employment ads were separated; a job description listed in “Jobs for Men” offered considerably higher pay than an identical job description under “Jobs for Women.” - A huge step for African-Americans, the Civil Rights Act of 1964 was all-encompassing.Ladder Climbing image by Infs from Fotolia.com
Nationwide demonstrations, particularly in the South, triggered the Civil Rights Act of 1964. This legislation included Title VII, a wide scale ban on discrimination in the workplace based on “race, color, religion, sex, or national origin.” With few exceptions, the law was all-encompassing and went a long way in correcting past issues. As Title VII became standard operating procedure in human resources departments across the country, it became apparent that despite the wide reach of the law, there were gaps regarding age and disabilities. These issues came to the forefront in relatively rapid succession. - Age no longer means automatic retirement.senior in sunset1 image by Litle from Fotolia.com
The Age Discrimination in Employment Act of 1967 struck down mandatory retirement ages, and companies now must base employment and employee retention decisions on abilities rather than arbitrary age limitations. As a result, there are more generations in the work force--young adults work side by side with grandparents--and companies are coping with natural attrition of workers. With the number of aging baby boomers still in the work force and the decreasing population of experienced workers expected through 2020, this law has taken on new importance. - The Americans with Disabilities Act assures employment based on ability rather than disability.wheelchairs image by Gina Smith from Fotolia.com
The vocal strength of the disabled population led to the enactment of the Americans with Disabilities Act in 1990. The legislation requires companies to provide "reasonable accommodations" in the workplace for disabled employees when those employees are fully capable of doing their job otherwise. Disability is no longer a valid reason to deny or terminate employment. - Charges of discrimination must be litigated with substantial proof.Justice image by MVit from Fotolia.com
The intent of the discrimination laws was to open employment to people otherwise omitted. These laws restrict companies from practicing open discrimination, and it is in a company’s best interest to adhere to open and fair hiring practices and employee retention programs, decreasing its exposure to litigation.
Whether flagrant or subtle, proving discrimination by legal standards is difficult. Charges of discrimination in the workplace rose by 15 percent from 1997 to 2009, according to U.S. Department of Labor statistics. However, in actual litigation, only 1 percent or less ever make it to a courtroom. Those that do appear before a judge, having been prequalified based on the merits of the case and available proof, are much more likely to win some monetary award, in the millions of dollars.
