An analysis of the federal laws prohibiting job discrimination

Each of the following establishments which serves the public is a place of public accommodation within the meaning of this section: The commission shall select one of its members to serve as chairperson for terms of 2 years.

An analysis of the federal laws prohibiting job discrimination

What is pay or compensation discrimination? It is job content and not job titles that determine whether or not jobs are substantially equal.

Federal law looks to see that individuals performing jobs that require substantially equal skill, effort, responsibility, and under similar working conditions are compensated equally for their time. Discrimination can occur due to sex or race, which are both prohibited under federal law.

All forms of pay are covered by the law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

Based on this estimate, it would take an extra 47 days of work for women to earn what men did in What criteria is used to determine whether or not an employer has committed pay or compensation discrimination?

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This determination turns on the actual content of the job-not mere job descriptions or titles. Each of these factors is summarized in categories below: The critical issue is what skills are required for the job, not what skills the individual employees may have.

The prohibition against compensation discrimination under the EPA applies only to jobs within an establishment. An establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business.

An analysis of the federal laws prohibiting job discrimination

In some circumstances, physically separate places of business may be treated as one establishment. For example, if a central administrative unit hires employees, sets their compensation, and assigns them to separate work locations, the separate work sites can be considered part of one establishment Differences in pay are permitted when they are based on seniority, merit, quantity or quality of production.

Equal Pay Act - requires that man and women be given equal pay for equal work in the same establishment. The jobs do not need to be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.

Specifically the EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

A more detailed explanation of these factors can be found in the answer to question 2. An employer maintains a neutral compensation policy or practice that has a negative impact on employees in a protected class and cannot be justified as job-related and consistent with business necessity.

For example, if an employer provides extra compensation to employees who are the head of household,i. Note that there are separate laws protecting employees of federal contractors from pay discrimination: Executive Order protects employees of federal contractors from discrimination based on compensation inquiries, discussions, or disclosures.

Section of the Rehabilitation Act prohibits federal contractors from discriminating in employment decisions based on disability. Who is covered by the law? Title VII covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals.

These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. Many state laws also make it illegal to discriminate based on sex.

For more information, please see our page on the minimum number of employees needed to file a claim under your state law. If you are a current employee and are fired, not promoted, or not accommodated due to your sex or gender, you are protected.

If you are not hired due to your sex or gender, you are also protected. Many states have enacted state laws prohibiting employers from discriminating against employees based on their sex.

Most states have equal pay laws. Many explicitly prohibit gender-based compensation discrimination, and some are more expansive than the federal laws. Some state discrimination laws also cover employers with fewer than 15 employees or provide additional protections beyond those provided by Title VII or the EPA.

For example, the California Labor Code states that no employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or discipline, discharge, or otherwise discriminate against an employee who discloses the amount of his or her wages.

This law was enacted to protect employees who wanted to discuss some aspect of their compensation with their coworkers, including possible increase in pay, perceived pay disparities, or the awarding of bonuses. The law increases the possibility that women can uncover pay discrimination, it strengthens the legal tools women can use when seeking justice, it expands the number of years of back pay a victim of pay discrimination can recover, and it deters companies from perpetuating wage discrimination.

More specifically, the law allows victims to recover up to six years of back pay, takes away unfair employer defenses, and will only permit pay differences if the employer can show the difference was based on seniority, education and training, or merit.

A more detailed explanation of the protections provided under the law can be found in the answers to question 1 and 2. Employers may not reduce wages of either sex to equalize pay between men and women.

A violation of the EPA may occur where a different wage is or was paid to a person who worked in the same job before or after an employee of the opposite sex.The freedom of religion, as well as nondiscrimination, is a significant rights issue, and it is important that governments do not unnecessarily burden the exercise of religious conscience.

AMERICANS WITH DISABILITIES ACT OF , AS AMENDED. Editor's Note: Following is the current text of the Americans with Disabilities Act of (ADA), including changes made by the ADA Amendments Act of (P.L.

An analysis of the federal laws prohibiting job discrimination

), which became effective on January 1, Enforcement mechanism. The Federal Government and every province and territory in Canada has enacted human rights acts that prohibit discrimination and harassment on several grounds (e.g. race, sex, gender identity or expression, marital status, religion, disability, age and sexual orientation) in private and public sector employment, housing, public services and publicity.

Pay or compensation discrimination occurs when employees performing similar work do not receive similar pay.

These include:

Pay discrimination also occurs when a difference in pay . The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA requirements, streaming video, information about Department of Justice ADA settlement .

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Pay or Compensation Discrimination - Workplace Fairness