There are exceptions – Bona fide work related credentials allow employers to discriminate on the basis of sex, religion, or national origin where such factor is “reasonably necessary to the normal operation” of business. An example of this would be if a school was looking for a religious educator to be a person of that faith.
Additionally employers with 100+ employees must act in accordance with certain paperwork requirements including filing the proper EEO form. The data that is reported must be from any one pay period during the third quarter. On the link provided you will find a link to the Joint Reporting Committee – provided are the instructions and forms for completion.
This law can be back dated to the Civil Rights of 1883 , additionally to the act of 1972; the Act of 1995 prohibits discrimination on 14 grounds, it also prohibits sexual harassment. As well as the Executive Order 11478 – which provides a uniform policy for the federal government.
This act combined two different civil rights; 1866 and 1964. The court gave jury trials the authority to Title VII claims and allowed plantiffs to recover damages, while imposing caps on relief under Title VII. It also made technical changes in regards to the length of time allowed to challenges.
Within the ADEA certain bans against age discrimination prohibits statements within job notifications of age preference and or limitation. However an age limit may be applied in the rare case where age has been proven to be bona fide requirement. ADEA also bans discrimination on the basis of age by apprenticeship programs, additionally the denial of benefits; however employers can reduce benefits based on age only if cost is the same as the cost to younger employees.
It is necessary to understand several ADA definitions in order to understand who is protected by the law and what constitutes illegal discrimination.
Although employers are required to make the above mentioned accommodations they are not required to lower production standards that are applied uniformyly to employees with and without disabilities. An employer may have to provide reasonable accommodation to enable the employee with the disability to meet production standards. Accommodations which would also be needed in the employees person life away from the work place such has a hearing aide are not considered reasonable accommodations. Nor are personal amenities, such as a refrigerator – if the item is not offered to employees without disabilities.
This act makes it unlawful for employers to knowingly hire or continue to employ aliens who are not authorized to work in the United States. The law imposes a legal deputy on every employer to examine and verify documents that establish the employment eligibility of all new employees.
FLSA sets the standard for payment of minimum wages, overtime, and child labor regs. Some are exempt from both the minimum and overtime provisions; while others are exempt from the overtime provisions only. The law establishes when an employee must be paid, waiting time, rest periods, on call time and travel time.
C:\Fakepath\Mgmt231 1002 B 01 Ip 1 Tina Houser
KEY FEDERAL LEGISLATION LAWSUnit 1 Individual ProjectInstructor: Barbara Hawley ChappellMGMT231-1002B-01 Recruitment, Selection, and Records ManagementMay 2nd 2010Tina M. Houser<br />
Title VII of the Civil Rights Act of 1964<br />Amended in 1991<br />Applies to employers engaged in interstate commerce with 15 or more employees<br />Prohibits discrimination in employment in hiring, firing, compensation and terms, conditions and privileges of employment on the basis of :<br />Race<br />Color<br />Religion<br />Sex<br />Pregnancy<br />National origin<br />
COMPLIANCE with the Law <br />EEO File Forms<br />EEO-1: Private Sector Employers<br />EEO-4: Public Sector Employers<br />EEO-5: Public Schools<br />EEO-6: Colleges and Universities<br />www.eeoc.gov<br />
The Equal Employment Opportunity Act of 1972 <br />Designed to ensure fair treatment to everyone without regard to race, religion, color national origin, or sex.<br />The goal is to make discrimination in employment illegal.<br /> Amended the Civil Rights Act of 1964 to include public employees.<br />Website: http://www.eeoc.gov/<br />
The Civil Rights Act of 1991<br />A statute that passed due to a series of U.S. Supreme Court decisions<br />Limits the rights of employees who have sued employers for discrimination.<br />Provides a right to trial <br />Emotional damages<br />Limits the amount that can be award<br />Website: <br />http://www.eeoc.gov/laws/statutes/cra-1991.cfm<br />
Age of Discrimination in Employment Act of 1967<br /><ul><li>Also known as ADEA
Who does it cover?/ What does it cover?</li></ul>Covers Employers engaged in interstate commerce with 20 or more employees.<br />Prohibits employers from lacking to, or refusing to hire, or to relieve of duties, or otherwise discriminate against individuals 40 yrs. of age or older with respect to compensation, terms, conditions, or privileges of employment because of their age.<br />Website:<br />http://www.eeoc.gov/laws/statutes/adea.cfm<br />
The Americans with Disabilities Act (ADA)<br />Prohibits discrimination based on disability within all employment practices.<br />Who is protected by the law?<br />A person with a physical or mental impairment that substantially limits one or more major life activities.<br />Walking<br />Breathing<br />Seeing<br />Hearing<br />Speaking<br />Learning<br />Working<br />
The Americans with Disabilities Act (ADA) Continued<br />Qualified Individual<br />Someone who satisfies –<br />Skill<br />Experience<br />Education<br />Other job-related requirements<br />With or without reasonable accommodation can perform essential functions of the job.<br />Website: http://www.ada.gov/<br />Reasonable Accommodations<br />Reasonable Accommodations may include, but are not limited to:<br />Making existing facilities used by employees readily accessible to and used by persons with disabilities<br />Job restructuring<br />Modification to work schedules<br />Additional unpaid leave<br />Reassignment to vacant positions<br />Acquiring or modifying equipment or devices<br />Adjusting or modifying exams, training material, or policies<br />Providing qualified readers or interpreters.<br />
The Immigration Reform and Control Act of 1986<br />Also known as IRCA<br />Applies to all employers<br />Prohibits discrimination in employment toward persons based on their national origin/U.S. citizenship status.<br />Website: http://www.uscis.gov/portal/site/uscis/<br />
Wages and HoursThe Fair Labor Standards Act(FLSA)<br />The law applies to enterprises that have employees who are engaged in interstate commerce, producing goods for interstate commerce, or handling, selling or working on goods or materials that have been moved in or produced for interstate commerce.<br />The law sets standards for payment of minimum wages, overtime pay, and child labor policies.<br />Who’s covered by the law?<br />Hospitals<br />Schools for children with mental and physical disabilities/gifted<br />Preschools, elementary and secondary schools as well as institutions for higher education<br />Federal, state and local government agencies<br />Website: http://www.dol.gov/index.htm<br />
Get a firm grasp on the laws!!<br />Today we took a look at a number of the laws within the federal and state.<br />They weave their web through policy and procedure, and just when you think you’ve got a full understanding of them, a new twist presents a complicated situation that you will need to assess or the laws could change.<br />To perform your job effectively, you must do your part and learn as much as you can about these laws as well as stay up to date with changes.<br />
References<br />ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act. (n.d.). ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act. Retrieved May 2, 2010, from http://www.ada.gov/<br />Civil Rights Act of 1991. (n.d.). US EEOC Home Page. Retrieved April 29, 2010, from http://www.eeoc.gov/laws/statutes/cra-1991.cfm<br />The U.S. Department of Labor Home Page. (n.d.). The U.S. Department of Labor Home Page. Retrieved April 28, 2010, from http://www.dol.gov/index.htm<br />U.S. Department of Labor - Wage and Hour Division (WHD) - Compliance Assistance-Fair Labor Standards Act (FLSA). (n.d.). The U.S. Department of Labor Home Page. Retrieved May 1, 2010, from http://www.dol.gov/whd/flsa/index.htm<br />US EEOC Home Page. (n.d.). US EEOC Home Page. Retrieved April 30, 2010, from http://www.eeoc.gov/<br />USCIS Home Page. (n.d.). USCIS Home Page. Retrieved April 29, 2010, from http://www.uscis.gov/portal/site/uscis/<br />U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Age Discrimination. (n.d.). The U.S. Department of Labor Home Page. Retrieved May 1, 2010, from http://www.dol.gov/dol/topic/discrimination/agedisc.htm<br />