This paper surveys the principal federal laws prohibiting employment discrimination in the United States. Beginning with Title VII of the Civil Rights Act of 1964, it reviews protections based on race, color, religion, sex, and national origin, then traces subsequent legislation covering pregnancy, equal pay, age, disability, and genetic information. The paper also addresses employer obligations regarding hostile work environments and the doctrine of disparate impact, emphasizing that even facially neutral hiring or promotion policies can be unlawful if they disproportionately disadvantage protected groups. Together, these statutes define the legal floor for equitable treatment in American workplaces.
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 likewise 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 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 required that employers make "reasonable accommodations" for such individuals (ADA, 1990). Disabilities include conditions such as physical limits upon mobility, blindness or deafness, and even chronic medical conditions such as being treated for cancer (ADA, 1990).
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, an employer is required to make reasonable accommodation for a Jewish employee wishing to observe the Sabbath, but some employers whose income depends upon all employees working Friday nights and Saturday mornings might not be able to accommodate such requests (Guerin, 2015).
The most recent antidiscrimination act passed at the federal level is the Genetic Information Nondiscrimination Act of 2008, which prohibits discrimination against individuals based upon genetic information — such as the fact that they have a family history of a specific disease like breast cancer (GINA, 2008).
In addition to not actively discriminating against individuals based upon membership in protected groups, employers must also ensure that the workplace does not create a hostile environment for workers in those categories. A hostile work environment is characterized by conduct such as bullying or inappropriate jokes and advances that is so debilitating it makes it impossible for the employee to perform his or her job in a competent fashion ("Hostile work environment," 2007).
Employers should have policies prohibiting such actions and take active measures to discipline such conduct when it arises. Formal antidiscrimination training for employees is an important component of reducing the likelihood that such discrimination will occur. Managers are responsible for the conduct of all of their employees.
"Neutral policies that unlawfully disadvantage protected groups"
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