Posts Tagged: legal

Title VII of the Civil Rights Act of 1964: Protecting Employees from Race, Sex, Religion, and National Origin Discrimination

The Civil Rights Act of 1964 is a federal law enacted to prevent discrimination based on an individual’s race, color, sex, religion, or national origin. Title VII of the Civil Rights Act of the 1964 protects individuals against discrimination in employment. Under Title VII, an employer may not discriminate against employees or job applicants based on characteristics such as race, color, sex, religion, or national origin. Title VII also prohibits employers from retaliating against employees who participate in complaints or investigations of discrimination, or who otherwise oppose various kinds of discrimination. These provisions apply to all employers in both the private and public sectors, including federal, state, and local governments, that employ 15 or more individuals. In general, Title VII protects employees from discrimination or retaliation in a wide variety of employment processes and circumstances, including:

Recruiting
Hiring
Promoting
Training
Transferring
Disciplining
Discharging
Assigning work
Measuring performance
Providing benefits

Under Title VII, covered employees or job applicants cannot cannot be treated differently based on their race, religion, sex, or national origin. Additionally, the law provides that employers cannot discriminate against other employees because of their association with co-workers who may be discriminated against based on these protected characteristics. An employer’s policies and practices may be considered discriminatory under Title VII based on disparate treatment or disparate impact. Disparate treatment typically involves an employer’s intentional discrimination against an employee based on his or her protected characteristics. Disparate impact, by contrast, does not necessarily require discriminatory intent. Rather, under a disparate impact theory, an employer’s policy or practice might run afoul of Title VII if it disproportionately harms employees of certain gender or race (for example) as compared to other employees of a different gender or race — regardless of whether the employer intended the policy or practice to have a discriminatory effect.

Title VII is one of several laws enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC is a government agency responsible for enforcing and investigating potential violations of federal laws against discrimination in the workplace. These laws include not only Title VII of the Civil Rights Act, but also the Age Discrimination in Employment Act of 1967 (ADEA), the Equal Pay Act of 1963 (EPA), Sections 501 and 505 of the Rehabilitation Act of 1973, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), and Titles I and V of the Americans with Disabilities Act of 1990 (ADA). In general, laws enforced by the EEOC make it illegal for an employer to harass or discriminate against an employee or applicant based on race, color, sex, pregnancy, religion, national origin, age, disability, or genetic information. Additionally, these laws prohibit employers from discriminating against employees who file charges of discrimination with the EEOC or who participate in a discrimination lawsuit or investigation.

An employee who believes his or her rights under Title VII have been violated must file a charge of discrimination with the EEOC in order to later pursue a Title VII claim in court. Once a charge is filed with the EEOC, the agency is authorized to investigate the complaint against the employer. As noted above, Title VII prohibits employers from retaliating against employees or applicants because they have filed a charge with the EEOC, participated in the investigation of a charge, or otherwise opposed conduct made unlawful by Title VII. If after its investigation the agency finds the employer engaged in illegal discrimination, it may attempt to settle the charge between the employee and employer. If unable to settle such a charge, the EEOC, in an effort to vindicate and protect the rights of the employee or employees, may consider filing a lawsuit in court on their behalf. However, given the agency’s large workload and limited resources, most charges of discrimination — regardless of their merit — do not result in lawsuits filed by EEOC. More frequently, after an investigation, the EEOC terminates its investigation and issues a notice giving the employee the right to pursue a lawsuit in court. After receiving the notice of suit rights, the employee has 90 days within which to file a lawsuit against his or her employer regarding the discrimination at issue in the charge. While Federal employees and job applicants have similar protections to the protections afforded private and state or local government employees, federal employees and applicants have a different complaint process.

 

This article was originally published on timcoffieldattorney.net 

This site is intended to provide general information only. The information you obtain at this site is not legal advice and does not create an attorney client relationship between you and attorney Tim Coffield or Coffield PLC. Parts of this site may be considered attorney advertising. If you have questions about any particular issue or problem, you should contact your attorney. Please view the full disclaimer. If you would like to request a consultation with attorney Tim Coffield, you may call 1-434-218-3133 or send an email to info@coffieldlaw.com.

Title I of the Americans with Disabilities Act: Protections for Employees with Disabilities

Enacted in 1990, the Americans with Disabilities Act is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. This includes jobs, schools, transportation, and all public and private places that are open to the general public. Similar to laws that prohibit discrimination based on race, gender, or religion, the ADA’s purpose is to ensure that people with disabilities have the same rights and opportunities as those who do not. This protects disabled individuals by guaranteeing equal opportunities in public accommodations, transportation, state and local government services, telecommunications, and employment. The ADA is divided into five titles. The first four titles each address a different sphere of public life, and the fifth section contains laws that apply generally to the first four, including protections against retaliation for people who seek to exercise their rights under the ADA:

Title I: Equal Employment Opportunities for Individuals With Disabilities;
Title II: Nondiscrimination on the Basis of Disability in State and Local Government Services;
Title III: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities;
Title IV: Telecommunications;
Title V: Miscellaneous, including protections against retaliation.

Title I of the ADA is intended to ensure disabled individuals have access to the same employment opportunities as people without disabilities. This part of the law is enforced by the Equal Employment Opportunity Commission. Among other things, this part of the law requires employers to provide reasonable accommodations to assist employees that qualify as disabled under the ADA. For example, an employer may need to provide a deaf employee with access to sign language interpreters, provide ramps for employees who use wheelchairs, or under some circumstances provide disabled employees with ergonomic desks or modified workstations. An employer should engage in an interactive process with its employees who have disabilities, to work together to identify and implement effective accommodations for their respective disabilities. The interactive process is ongoing. It may involve a series of meetings over time and oftentimes includes considering input from an employee’s physician. Employees should be able to perform the essential functions of their jobs with the required modifications or adjustments.

Title I of the ADA also prohibits employers from discharging, demoting, or denying advancement opportunities to disabled employees on the basis of their disabilities. An employee who believes they have been subjected to this form of disability discrimination may bring a lawsuit against his or her employer for not complying with the ADA (after first filing a charge of discrimination with the proper EEOC field office). Employees who seek to enforce in court their rights under the ADA to be free from disability-based employment discrimination generally must prove three elements:

The individual’s impairment must qualify as a “disability” within the meaning of the ADA. The ADA defines “disability” to include (1) any physical or mental impairment that substantially limits one or more major life activities, (2) a person who has a history or record of such an impairment, or (3) a person who is perceived by others as having such an impairment. To establish if an individual’s particular impairment substantially limits major life activities, a court will consider a variety of factors, including the nature of impairment and its severity, how long the individual has been dealing with the impairment, and the actual or expected long-term impact.

The individual is qualified and able to perform the essential functions of his or her job with or without reasonable accommodations. This simply means the individual needs to be able to do his or her job, and perform the duties that job entails, once the employer has made the necessary reasonable accommodations for the employee’s disability.

The individual has suffered an adverse employment action on the basis of his or her disability. An adverse employment action can include a termination, a demotion, the denial of a promotion, or other similar action by the employer that denies the employee advancement opportunities in the company. An adverse employment action “on the basis of disability” can mean a variety of things, depending on the circumstances. For example, it can mean the employer at least partly did not want to keep or advance the employee because of his or her disability, record of disabilities, or perceive disability. Under certain circumstances, it can also mean the employer failed to provide reasonable accommodations for an employee’s known disability, then terminated or denied opportunities to the employee because of perceived performance deficiencies that could have been avoided if the employer had reasonably accommodated the employee’s disability. For example, if an employer fails to provide a deaf employee with reasonable access to sign language interpreters, then fires the employee for not communicating effectively with others at work who do not know sign language, that might constitute a wrongful termination under the ADA.

In short, Title I of the ADA seeks to ensure that individuals with disabilities have equal access to employment opportunities as employees without disabilities. Under certain circumstances, employees who feel they have been denied reasonable accommodations at work, or otherwise mistreated by an employer due to a disability, may take legal action to address the issue and improve the equality of employment opportunities for themselves and other employees with disabilities.

This article was originally published on timcoffieldattorney.net

This site is intended to provide general information only. The information you obtain at this site is not legal advice and does not create an attorney client relationship between you and attorney Tim Coffield or Coffield PLC. Parts of this site may be considered attorney advertising. If you have questions about any particular issue or problem, you should contact your attorney. Please view the full disclaimer. If you would like to request a consultation with attorney Tim Coffield, you may call 1-434-218-3133 or send an email to info@coffieldlaw.com.