Employment law considerations

1. QURATULAIN MUGHAL
BATCH IV
ISRA UNIVERSITY
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2. FEDERAL AND STATE CIVIL
RIGHTS LAWS
 Various federal, state, and local laws prohibit
discrimination in the workplace on the basis of race,
color, national origin, sex, disability, religion, veteran
status, and age.
 Additionally, some states and municipalities have
enacted laws protecting an individual from
discrimination on account of sexual orientation, marital
status, criminal record, and recreational activities.
 In general, an employer should hire, promote, advance,
discipline, or discharge an individual on the basis of
that individual’s job skills and work performance.
 Moreover, an employer should treat employees with
similar job skills and performance records similarly.
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3. 1. RACE, COLOR, NATIONAL
ORIGIN:
 Federal law, as embodied in title VII of
the civil rights act of 1964, and similar
state and local laws make it unlawful for
an employer to discriminate against an
employee on the basis of race, color, or
national origin as well as sex and
religion.
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4. UNDER TITLE VII
(1) Failing to hire, discharging, or otherwise
discriminating with respect to an
employee’s terms and conditions of
employment.
(2) Depriving an individual of employment
opportunities.
(3) Retaliating against an employee who
opposed discrimination.
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5. A SUCCESSFUL CLAIMANT
MAY BE ENTITLED
 Instatement to the position sought.
 Backpay.
 Front pay.
 Emotional distress damages.
 Punitive damages.
 Attorney’s fees, or other relief that a
court deems appropriate.
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6. 2. SEX, SEXUAL
HARASSMENT, PREGNANCY
 Employers also must take care not to
discriminate on the basis of sex with
respect to compensation.
 Sexual harassment may involve verbal,
physical, or visual conduct.
 Discrimination on the basis of pregnancy
because she is currently pregnant or
might become pregnant, or to terminate
her employment because she is
pregnant.
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7. 3. DISABILITY
 Title I of the americans with disabilities
act (ADA) prohibits discrimination
against qualified individuals with
disabilities.
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8. 4. RELIGION
 Federal law under title VII prohibits
discrimination based on religion.
 It also imposes an affirmative duty upon an
employer to reasonably accommodate an
applicant’s and employee’s:
 Religious beliefs
 Observances
 Practices
 Unless the requested accommodation
would cause an undue hardship to the
employer’s business.
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9. 5. AGE
 The age discrimination in employment
act (ADEA) prohibits employers from
discriminating against persons age 40
years or older because of their age.
 The ADEA protects employees in all
aspects of employment, including hiring,
promotion, and discharge.
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10. 6. MARITAL STATUS
 Federal law does not prohibit an
employer from using marital status as a
factor in making employment decisions,
as long as the employer applies this
factor in the same fashion to all
employees, whether male or female.
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11. 7. CRIMINAL RECORD
 States have enacted laws prohibiting an
employer from discriminating against an
employee on the basis of an arrest or
conviction.
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12. 8. RECREATIONAL
ACTIVITIES
 Several states have enacted statutes
prohibiting discrimination against
employees for off-duty conduct.
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13. REFERENCE
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