Equal employment opportunity

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President Lyndon Baines Johnson Lbj2.jpg
President Lyndon Baines Johnson

Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United States employees from discrimination. [1] The law was the first federal law designed to protect most US employees from employment discrimination based on that employee's (or applicant's) race, color, religion, sex, or national origin (Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq.). [2]

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On June 15, 2020, the United States Supreme Court ruled that workplace discrimination is prohibited based on sexual orientation or transgender status. [3] Bostock v. Clayton County , 590 U.S. ___ (2020).

Employment discrimination entails areas such as firing, hiring, promotions, transfer, or wage practices and it is also illegal to discriminate in advertising, referral of job applicants, or classification. The Title is pertinent in companies affecting commerce that have fifteen or more employees. The Equal Employment Opportunity Commission (EEOC) is section 705 of the title. [4]

Equal employment opportunity was further enhanced when President Lyndon B. Johnson signed Executive Order 11246 on September 24, 1965, created to prohibit federal contractors from discriminating against employees based on race, sex, creed, religion, color, or national origin.

Along with those protected classes, more recent statutes have listed other traits as "protected classes", including the following:

The executive order also required contractors to implement affirmative action plans to increase the participation of minorities and women in the workplace. Under federal regulations, affirmative action plans must consist of an equal opportunity policy statement, an analysis of the current workforce, identification of problem areas, the establishment of goals and timetables for increasing employment opportunities, specific action-oriented programs to address problem areas, support for community action programs, and the establishment of an internal audit and reporting system.

See also

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<span class="mw-page-title-main">Equal Employment Opportunity Commission</span> United States government agency enforcing civil rights laws against workplace discrimination

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Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.

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Sexual orientation discrimination is discrimination based on a person's sex, sexual orientation, gender identity, or pregnancy.

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Employment practices liability is an area of United States labor law that deals with wrongful termination, sexual harassment, discrimination, invasion of privacy, false imprisonment, breach of contract, emotional distress, and wage and hour law violations. It may be categorized as a form of professional liability. Employment practices liability insurance (EPL) is sold as a type of management liability insurance, which is related to professional liability insurance.

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<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

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<span class="mw-page-title-main">Victoria Lipnic</span> American lawyer (born 1960)

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Altitude Express, Inc. v. Zarda, 590 U.S. ___ (2020), is a landmark United States Supreme Court civil rights case which ruled that under Title VII of the Civil Rights Act of 1964 employees could not be discriminated against on the basis of sexual orientation or gender identity.

R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, 590 U.S. ___ (2020), is a landmark United States Supreme Court case which ruled that Title VII of the Civil Rights Act of 1964 protects transgender people from employment discrimination.

Bostock v. Clayton County, 590 U.S. 644 (2020), is a landmark United States Supreme Court civil rights decision in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of sexuality or gender identity.

References

  1. "US EEOC Home Page" . Retrieved March 8, 2010.
  2. "Federal Equal Employment Laws, Cases and Resources". Archived from the original on November 24, 2010. Retrieved November 17, 2010.
  3. "What You Should Know: The EEOC and Protections for LGBT Workers | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2021-01-13.
  4. Levine, Marvin J.; Montcalmo, Anthony J. (December 1, 1971). "The Equal Employment Opportunity Commission: Progress, Problems, Prospects" . Labor Law Journal. 22 (12): 741–779. Retrieved 2015-09-25 via EBSCOHost.
  5. "Age Discrimination; EEOC" . Retrieved March 8, 2010.
  6. "Disability Discrimination; EEOC" . Retrieved March 8, 2010.
  7. "Genetic Discrimination; EEOC" . Retrieved March 8, 2010.
  8. "Ending job discrimination for all Americans based on sexual orientation & gender identity" . Retrieved March 8, 2010.
  9. H.R. 3017: Employment Non-Discrimination Act

Further reading