Federal law recognizes the importance of preventing discrimination in the workplace, and a robust set of laws have been successfully used to encourage compliance. The laws are commonly known as the Equal Employment Opportunity laws, enforced through the United States Equal Employment Opportunity Commission (EEOC).
EEO Facts
Title VII of the Civil Rights Act of 1964 establishes the authority of the EEOC to prevent discrimination in the workplace. The law makes it illegal for an employer to discriminate against any employee or group of employees based on their race, color, sex, national origin or religion. The Act also bars employers from discriminating against employees who file discrimination claims, participate in a discrimination investigation or complain about discrimination.
Many amendments over the years have added additional protections for workers, while other laws have been incorporated into discrimination prevention law at the federal level to ensure employers treat employees fairly.
The Age Discrimination in Employment Act of 1967 added protections for older workers, specifically those over the age of 40. The intention of the law is to prevent employers from firing older workers in order to hire younger people. The law does not prevent discrimination against younger employees, however, and despite multiple attempts by plaintiffs seeking wrongful termination claims, courts have held that younger workers are not protected.
The Equal Pay Act of 1963 prevents employers from discriminating against workers on the basis of sex by paying men and women who do the same job different pay. The intention of the law was to restrict employers from offering preferential pay to men over women in the same job.
Title 1 of the Americans with Disabilities Act of 1990 added disabilities to the list of characteristics employers are prevented from discriminating against. The law establishes that disabled employees, or those who are perceived to have a disability, cannot be treated differently than employees who lack a disability. The law specifies certain disabilities, known as “qualified disabilities,” as being protected and firmly establishes the right of the Federal Government to charge businesses in violation of the law.
The Pregnancy Discrimination Act of 1973 added protections for employees who are pregnant, give birth, or have medical conditions related to being pregnant. The law specifies that employers cannot fire pregnant employees because of their pregnancy, but also informs employers they are not obligated to provide special workplace accommodations for pregnant employees.
Sections 501 and 505 of the Rehabilitation Act of 1973 and Sections 102 and 103 of the Civil Rights Act of 1991 made specific changes to include protections for Federal employees and to add penalties to employers found in violation of anti-discrimination law.
The Genetic Information Nondiscrimination Act of 2008 added protections for employees to prevent workplace discrimination based on the results of genetic testing, which can show protected traits and disabilities.
Beyond these laws, the EEOC has a long list of regulations that are used to prevent workplace discrimination and are useful tools for investigators going after businesses that are accused of violating any of the above laws. A complete list of regulations is maintained by the EEOC and can be found at this LINK.
Pennsylvania also has special laws to prevent discrimination in employment within the state. The Pennsylvania Human Relations Act adds protections above and beyond those prescribed by the EEOC. The Act bars discrimination against employees based on known association with a protected class of individual, having a GED instead of graduating from High School and the willingness or lack thereof to participate in abortion or sterilization.
Each county in Pennsylvania is served by a different office of the EEOC. A complete list of locations for each county, along with online forms needed to file a claim can be found at this LINK.
If you believe that an employer has discriminated against you in violation of the protections offered by the above laws, contact an experienced employment attorney at once. Delaying may cause you to miss deadlines and miss out on important protections and benefits available to you.