Anti-Discrimination Law EEOC US Equal

Anti-Discrimination Law EEOC US Equal Employment Opportunity Commission: Overview Equal Employment Opportunity Commission (also known as the EEOC) was established to protect the rights of American workers belonging to legally 'protected' categories. These include Americans of historically-discriminated against races, religions, ethnic groups, older Americans, women, and Americans with disabilities. The ground-breaking 1964 Civil Rights Act prohibited discrimination based upon race, ethnicity, and sex (even though, at the time, this was considered to be a ridiculous clause and would result in the bill's defeat) (Payne 2009:50).

Sections of the Act also prohibited religious discrimination, so long as it did not place "undue hardship" upon the business of the employer (Payne 2009:50). Age discrimination against employees ages 40-70 is prohibited by the Age Discrimination Act of 1967. Discrimination against disabled individuals is prohibited by the Rehabilitation Act of 1973 (Payne 2009: 50; 61). However, with these Acts, employers are exempt if they can demonstrate that such discrimination is a necessary prerequisite of the job or that it will cause an undue hardship for their business.

The question of what constitutes a disability has also been controversial in the courts over the years, although it has expanded to include illnesses as well as congenital conditions. The rights of women in the workplace were further expanded through legislation such as the Family and Medical Leave Act, which allowed employees that had worked for a specified duration of time to take a leave of absence to care for a child or parent.

Although both men and women can avail themselves of the FMLA, given that women remain the primary caregivers in most households, this Act was considered to be particularly beneficial for women and the drive for women to obtain equal opportunities in the workplace. There is also a provision that allows employees to take time off for their own care: "ordinary illnesses do not qualify for FMLA such as common cold, flu, ear aches, upset stomach, headaches, and routine dental care.

Substance abuse is covered when the employee is seeking treatment, and not just impaired by their usage. To be eligible for FMLA an employee must have a condition that makes him or her unable to perform their essential job function" (Vikesland, 2006). Previously-existing amendments to the Civil Rights Act prohibited discrimination against women based upon pregnancy and the Equal Pay Act (EPA) of 1963 mandated equal pay for women and men doing the same work (EEOC, 2011, Official Website).

Protected groups can allege they have been the victims of discrimination based upon charges of disparate treatment and disparate impact. Disparate treatment means that the worker was denied opportunities or advancement based upon his or her membership in a protected category because of the explicit intention of the employer, such as a sexist employer that openly discriminates against women. Disparate impact cases, in contrast, refer to discriminatory policies that have a disparate impact upon a particular group of employees (Payne 2009: 60).

For example, an employer might require that all managers are able to lift 50 lb. boxes. Unless the requirements are a necessary part of the job description, employers can be subject to lawsuits if they institute policies that have a disparate impact that results in the victimization of a historically discriminated-against group of.