What are
the laws that prohibit workplace discrimination?
What do "race" and
"national origin" mean under anti-discrimination laws?
What are recoverable damages in
an employment discrimination case?
Generally, what kinds of discriminatory actions
are illegal?
What act regulates the amount of
wages and overtimes a business pays to it's hourly
employees?
What age groups are deemed a
"protected class"
under Georgia and/or Federal AGE Discrimination
regulations?
What is required under the Family and Medical
Leave Act?
Can an employer deny a promotion to a woman due
to a pregnancy? What are
the laws that prohibit workplace discrimination?
-
There
are many laws that protect employees against workplace
discrimination. 1. Title VII of the Civil Rights Act
of 1964, Title 42 United States Code Section 2000e, et
seq B prohibits workplace discrimination on the basis
of race, color, religion, sex and national origin.
Title VII of the Civil Rights Act of 1964, provides
that it is An unlawful employment practice for an
employer. . . to fail or refuse to hire or discharge
an individual, or otherwise discriminate against any
individual with respect to his or her compensation,
terms, conditions or privileges of employment because
of such individual's race, color, religion, sex or
national origin. Further, it is also unlawful for an
employer to limit, segregate, or classify employees or
applicants for employment in anyway which would
deprive or tend to deprive any individual of
employment opportunities or otherwise adversely affect
his or her status as an employee because of any
individual's race, color, religion, sex or national
origin. The prohibitions provided pursuant to Title
VII provides several causes of actions on theories of
discrimination including: claims of disparate
treatment, disparate impact, hostile work environment,
retaliation and whistle blowing and, in certain
situations, failure to accommodate.
-
Americans with
Disabilities Act (ADA) - prohibits discrimination
based on disability. Under the ADA, a disability is
defined as a "physical or mental impairment which
substantially limits one or more of the major life
activities of such individual." Furthermore, Georgia
employers are prohibited from engaging in
discrimination against qualified individuals with a
disability by the provisions of the Georgia Equal
Employment for people with disability code. A
qualified individual with a disability is defined as
an individual who possesses the requisite skills,
experience, education and other job related
requirements of the position and has the ability to
perform the essential functions of the position with
or without reasonable accommodation.
-
Age
Discrimination in Employment Act - prohibits age
discrimination.
-
Equal Pay Act B prohibits gender
discrimination.
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What do "race" and
"national origin" mean under anti-discrimination laws? "Race" is interpreted as classes of persons
identifiable because of their ancestry or ethnic
characteristics. Anti-discrimination race laws are not
limited to traditional minorities, but also prohibit
discrimination against Whites as well as Blacks,
Hispanics or Asians; and discrimination against males
as well as females. "National origin" is
defined by the Equal Employment Opportunity Commission
(EEOC) as the physical, cultural, or linguistic
characteristics of a particular national group. This
definition also includes the birthplace of individuals
or their ancestors. <<
Back to Top What are recoverable damages in
an employment discrimination case? If a plaintiff can
prove discrimination he/she is entitled to recover
damages for:
-
Past and future medical treatment
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Past and future wage loss
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Damages for pain,
suffering and emotional distress and,
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If the
plaintiff can establish bad enough conduct on the part
of the company, punitive damages (i.e., damages
intended to punish the employer). Note: Government
entities cannot be sued for punitive damages.
-
Typically, if the employee wins a claim of
discrimination, harassment or retaliation, they are
entitled to be compensated for their attorney's fees
by the employer. This is true whether or not the
attorney has been hired on a contingency fee basis.
<<
Back to Top Generally, what kinds of discriminatory actions
are illegal?
-
Failing or refusing to hire or promote
-
Failing or refusing to refer for employment
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Failing to train
-
Discharging (firing), and
-
"Otherwise discriminating with respect to
compensation, terms, conditions, or privileges of
employment"
<<
Back to Top What act regulates the amount of
wages and overtime a business pays to it's hourly
employees? The Fair Labor Standards Act (FLSA) prescribes
standards for wages in overtime pay, which affect most
private and public employment. The FLSA requires
employers to pay covered employees who are not
otherwise exempt at least the federal minimum wage of
one and one half times the regular rate of pay.
Furthermore, for non-agricultural operations, the FLSA
restricts the hours of children under the age of 16
can work: a minor under 16 may not be employed between
the hours of 9:00 p.m. and 6:00 a.m., more than four
(4) hours a day during the school year, more than
eight (8) hours a day during vacations, and not more
than 40 hours per week. The FLSA also forbids the
employment of children under the age of 18 in certain
jobs deemed to be too dangerous. Agricultural
operations, the FLSA prohibits the employment of
children under the age of 16 during school hours and
also forbids the employment of children under the age
of 16 in certain jobs deemed too dangerous. <<
Back to Top
What age groups are deemed a
"protected class"
under Georgia and/or Federal AGE Discrimination
Regulations? Under Georgia law, the Georgia AGE Discrimination
Statute provision provides that no person, firm,
association, or corporation carrying on or conducting
within this state any business requiring the
employment of labor shall refuse to hire, employee or
license nor shall such person, firm, association, or
corporation bar or discharge from employment any
individual between the ages of 40 and 70 years solely
upon the ground of age, when the reasonable demands of
the position do not require any such age distinction,
provided that such individual is qualified physically,
mentally, and by training and experience to perform
satisfactorily the labor assigned to him/her or for
which he/she applies. The AGE Discrimination and
Employment Act (ADEA) was enacted by the United States
Congress to promote the employment of older persons
based on their ability rather than age; to prohibit
arbitrary age discrimination of employment; and, to
help employers and workers find ways of mending
problems arising from the impact of age on employment.
The ADEA defines the protected class as including only
workers over the age of 40. At its inception, the
Georgia AGE Discrimination Statute and the ADEA
Protected Class are the same. Individuals between the
ages of 40 and 70. However, the 1986 amendment to the
ADEA removed the upper limitation of this protection. <<
Back to Top What is required under the Family and Medical
Leave Act? The Family and Medical Leave Act (FMLA)
requires employers of 50 or more employees to give up
to 12 weeks of unpaid, job-protected leave to eligible
employees for the birth or adoption of a child or for
a serious illness of an employee or their spouse,
child or parent. "Eligible employees" under the FMLA
are defined as those who have been employed for a
minimum of 12 months by the employer with respect to
whom leave is sought and who have been employed for at
least 1,250 hours of service with that employer during
the previous 12 month period. 12 months of employment
with the employer need not have been consecutive.
Eligibility for leave under the FMLA is determined at
the time the employee gives notice of the need for
leave. << Back
to Top Can an employer deny a promotion to a woman due
to a pregnancy? In 1978, Congress enacted the Pregnancy
Discrimination Act. The Pregnancy Discrimination Act
prohibits discrimination because of or on the basis of
pregnancy, child birth, or related medical conditions.
The act provides that discrimination on the basis of
pregnancy constitutes illegal sex discrimination in
violation of Title VII. Federal law requires that for
all employment related matters, including the issued
benefits under employee benefit programs, women
affected by pregnancy, child birth, or other related
medical conditions must be treated the same as other
persons not so affected, but similar in their ability
or inability to work. <<
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