Discrimination in Employment
Title VII of the Civil Rights Act of 1964 specifically prohibits discrimination in the workplace based upon a candidate's "race, color, religion, sex, or national origin" (Title VII, 1964). The act also makes it illegal to refuse to hire employees based upon membership in these specific, protected categories (Title VII, 1964). It is also illegal to refuse to promote individuals based upon membership in such categories (Title VII, 1964). The Pregnancy Discrimination Act of 1978 provides further protections for women by making it illegal to discriminate against an employee due to pregnancy or the potential to become pregnant (PDA, 1978). The Equal Pay Act of 1963 makes it illegal to pay men and women different wages for the same types of categories of work solely on the basis of gender (EPA, 1963).
Further protections for specific groups include the Age Discrimination in Employment Act of 1967, which prevents discrimination against workers age 40 or over (ADEA, 1967). The Americans with Disabilities Act of 1990 attempted to end employment-related discrimination "against qualified individuals with disabilities" and demanded that employers make "reasonable accommodations" for such individuals (ADA, 1990). Disabilities include conditions such as physical limits upon mobility;...
It should be noted that with all of these legislative acts, the question of reasonable accommodation is a critical component of the law. For example, it is required that an employer make reasonable accommodation for a Jewish employee wishing to obey the Sabbath, but some employers whose income is dependent upon all employees working Friday nights and Saturday mornings might not be able to accommodate such requests (Guerin 2015). The most recent anti-discrimination act passed on a federal level is that of the Genetic Information Nondiscrimination Act of 2008, which prohibits discrimination on individuals based upon genetic information (such as the fact that they have a family history of a specific disease like breast cancer) (GINA, 2008)
As well as not actively discriminating against individuals based upon membership in such protected groups, employers must also ensure that the workplace does not create a hostile environment for workers in protected categories. A hostile work environment is characterized by conduct such as bullying or inappropriate jokes and advances that is debilitating to the point that it makes it impossible for the employee to perform his or her job in a competent…
