The examples and perspective in this article may not represent a worldwide view of the subject.(July 2017) |
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]
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.
The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
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.
The California Civil Rights Department (CRD) is an agency of California state government charged with the protection of residents from employment, housing and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the United States. It also provides representation to the victims of hate crimes. CRD has a director who is appointed by the governor of California and maintains a total of five offices and five educational clinics throughout the state. Today, it is considered part of the California Business, Consumer Services, and Housing Agency.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
Executive Order 10925, signed by President John F. Kennedy on March 6, 1961, required government contractors, except in special circumstances, to "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin". It established the President's Committee on Equal Employment Opportunity (PCEEO), which was chaired by then Vice President Lyndon Johnson. Vice Chair and Secretary of Labor Arthur Goldberg was responsible for the "general supervision and direction" of the Committee's operations. Ten other senior executive appointees also sat on the Committee.
Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.
Sexual orientation discrimination is discrimination based on a person's sex, sexual orientation, gender identity, or pregnancy.
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both.
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.
The Human Rights Commission of Austin (Texas) was established on October 5, 1967, by the City of Austin Ordinance 671005-B. The current version of the ordinance can be found at Section 2-1-148 of The Code of the City of Austin, Texas.
LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment and behavior that creates a hostile work environment. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.
Victoria Ann Lipnic is an American lawyer and public figure. She served in multiple senior United States government positions. She was Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), nominated to two terms by President Barack Obama, 2010 – 2020.) She served as Chair (Acting) of the EEOC under President Donald J. Trump from 2017 – 2019. Prior to her appointments to the EEOC, she was Assistant Secretary of Labor under President George W. Bush. The United States Senate confirmed her unanimously to each of these positions.
The Iowa Civil Rights Commission is the state agency that enforces the Iowa Civil Rights Act of 1965, Iowa's anti-discrimination law.
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.