¶ … American employment regulations. Employment in the United States is governed by a patchwork of laws that can be divided into roughly three categories. The first are equality-based laws; the second category is laws that govern treatment of workers once hired; and the third reflects worker's rights, in particular with respect to freedom of speech.
Equality-based laws were developed over time to include a number of different groups. These laws seek to eliminate numerous forms of workplace exclusion. The most important of such laws was the Civil Rights Act of 1964, which established the foundation for the antidiscrimination laws that would follow. This act prohibited employment discrimination based on race, sex, national origin or religion. Later laws extended these protections to employees over the age of forty and to the disabled (Lieberwitz, n.d.). Some states have enacted further protections, so it is necessary to understand state laws as well as federal law when it comes to discrimination. At the federal level, there is an enforcement mechanism in the Equal Employment Opportunities Commission. It is also best to understand that this category of employment law is negative rights, in that the groups covered have the right to not be discriminated against.
The best course of action is to enact a strict no-discrimination policy in hiring and promotion as this would defend against any potential discrimination suits.
Discrimination in any form should also be absent from all parts of the hiring...
Managers cannot ask questions about a candidate's family situation and should not make any assumptions about the applicants -- questions should be asked to confirm or reject any suspicions. Assumptions can fall under the category of stereotyping, which can lead to court challenging if this stereotyping can be successfully argued in court. Although the disabled are a protected group, interviewers can ask specifically what accommodations they might need if hired. Discrimination against the candidate is still not allowed if the accommodations required are reasonable (WAGE Project, 2012).
Laws that govern treatment of workers once hired are usually also based on the negative rights model. The Equal Pay Act of 1963 requires employers to pay men and women equally for performing substantially similar work (Lieberwitz, n.d.). Race discrimination in the formation of contracts is also prohibited, under the Civil Rights Act of 1866. Again, it is recommended that absolute neutrality in pay and promotion opportunities is granted, as the laws surrounding such cases are vaguely written. This has led to a string of legal decisions that only further complicate the issue of workplace discrimination. Title VII protections under the Civil Rights Act of 1964 being subject to considerable judicial interpretation. Pomodoro does not want to find itself mired in expensive, complex litigation over a few dollars of pay.
Sexual harassment laws also emerge from Title VII of the Civil Rights Act. Employers must provide…
