Transcript of "Labout and employmenr discimination law"
O The law relating to labor and employment in India is
primarily known under the broad category of
O Industrial law in this country is of recent vintage and
has developed in respect to the vastly increased
awakening of the workers of their rights, particularly
after the advent of Independence. Industrial relations
embrace a complex of relationships between the
workers, employers and government, basically
concerned with the determination of the terms of
employment and conditions of labor of the worker.
Labor Laws and Employment
O Labor laws typically deal with employer-
O Employment laws typically deal with
O But the terms are often used interchangeably.
O Some Employment act:-
O Title VII.
O EPA(The Equal pay Act, 1963).
O ADEA( Age Discrimination in Employment Act)
An Employer under Title VII is:
A person engaged in an industry affecting commerce.
Fifteen (15) or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year,
and any agent of such a person
Does not include US government, Indian tribe, a bona fide
private membership club (other than a labor organization) which is
exempt from taxation under the Internal Revenue Code of 1954
O What it Does?
According to Title VII, It Prohibits employment discrimination based on
race, color, religion, sex and national origin.
EPA –The Equal Pay Act of 1963
An Employer under EPA is:
O Engaged in commerce or in the production of goods for
O Does not prohibit unequal pay based on a bona fide:
O ( i) a seniority system; (ii) a merit system; (iii) a system which measures
earnings by quantity or quality of production; or (iv) a differential based
on any other factor other than sex.
What it Does?
O Prohibits sex-based wage discrimination between men and
women in the same establishment who are performing under
similar working conditions .
(Age Discrimination in Employment Act)
O An Employer under ADEA is:
Twenty (20) or more employees engaged in an industry affecting
commerce for each working day in each of twenty or more calendar weeks in
the current or preceding calendar year.
O Does Not Prohibit Consideration of Age when:
O age is a bona fide occupational qualification reasonably necessary to the
normal operation of the particular business,
O or where the differentiation is based on reasonable factors other than
O or where such practices involve an employee in a workplace in a foreign
O and compliance with such subsections would cause such employer, or a
corporation controlled by such employer, to violate the laws of the
country in which such workplace is located.
O What it Does?
Prohibits employment discrimination against persons 40 years of age or older.
Defenses to Employment of
O There are four basic types of defenses to employment
O Business necessity.
O Bona fide occupational qualification.
O Seniority Systems.
O After-acquired evidence of employee misconduct.
O The business necessity defense requires the
employer to demonstrate that the imposition
of a job qualification is reasonably necessary to
the legitimate conduct of the employer’s
O Business necessity is a defense to disparate
BFOQ (Bona Fide
O The bona fide occupational qualification
defense requires an employer to show that an
particular skill is necessary for the performance
of a particular job.
O The BFOQ defense is used in cases of disparate
O A seniority system is one that conditions the
distribution of job benefits on the length of
time one has worked for an employer.
O A seniority system can be a defense only if it is
a bona fide system, not designed to evade the
effects of the anti-discrimination laws.
O After-acquired evidence refers to evidence of
misconduct, committed by an employee who is
suing an employer for employment
discrimination, that is uncovered during the
process of discovery conducted in preparation
for a defense against the suit.
O While it may serve to limit employee recovery,
it does not act as an absolute defense for the
O Federal laws affecting labor and employment relations in
Indian country can be broken down into three categories:
O Civil rights
O Labor and Employment laws of general application
O Labor unions and collective bargaining
(1) Civil rights, which encompass all forms of employment
discrimination that Congress has chosen to address through a
variety of laws;
(2) Labor and employment laws of general application, which
generally address the terms and conditions of employment, such as
workplace `safety, hours and minimum wages, and family medical
(3) labor unions and collective bargaining, an area governed by one
O So what you people think, will be the reason of
discrimination among employee???
Forms of discrimination
O Equal Compensation
O National Origin
O Sexual Harassmentwww.StudsPlanet.com
Unsafe Labor Conditions:-
O One of the more common and dangerous of these practices is the
blocking and locking of all exists in manufacturing facilities as a low
cost measure to prevent pilfering. This practices has caused
thousands of workers to be trapped and burned alive when fire
broke out in such buildings.
O Use of antiquated and poorly maintained equipment, which causes
the rate of work injuries to balloon.
O Harsh work rules, which are legal in many developing nations are
the third major concern.
O In few nations, Including china, It is
legal for prisoner to work in
traditionally commercial forms of
O The use of such labor is
unacceptable in Western countries.
O Under the 1994 agreement, the US
is allowed to inspect “labor reform
camps”. However the US has
complained that it has received
only modest cooperation in
implementing the agreements.www.StudsPlanet.com
O Children who are employed cannot
O They also get sick because of hard-
O A child below 14 year old, is not
been allowed to work in any
industry that is because that is
against law. And many of the
countries are practicing this laws.
O This all practices are mostly happens
in the Asian countries, mostly in
India, China, Srilanka