EEO Laws and Abroad
Aim of French Immigration Policy
(1) to meet the needs of the labor market by introducing migrant workers, and (2) to compensate French demographic deficits by favoring the permanent installation of foreign families while ensuring their integration into the national body.
Situations when Genetic information can be acquired:
- Acquired inadvertently - Wellness program and provided voluntarily - form of family medical history for FMLA, state/local leave laws, employer leave policies. - from sources that are available to the public - genetic monitoring required by law/provided voluntarily - DNA testing for law enforcement purposes
"tear-off" sheet
allows the employer to separate the race-related information from the data used to determine if a person is qualified for the job
Older Workers Benefit Protection Act of 1990 (OWBPA)
amended the ADEA to specifically prohibit employers from denying benefits to older employees
egalitarian
believing in the social and economic equality of all people
Corporate Scandal in Japan
due to a lack of accountability and a male, senior-based business model
To attract more foreign investment, many Latin American countries and regions have...
eliminated trade barriers; reduced or removed duties and importation requirements; executed free trade agreements; reduced licensing requirements; unified currency as in the European Union; modernized obsolete labor laws; created incentive programs to encourage relocation of companies into their territories; provided appropriate intellectual property protection laws; and supplied security for investors, their capital, and their imported assets.
Charge of Discrimination
employees and applicants can file a complaint before they file a job discrimination lawsuit against the employer. Employees of Federal government agencies must file with the agency where the alleged discrimination occurred.
Interactive Process
employers and employees with disabilities who request accommodations work together to come up with accommodations.
"bona fide occupational qualification" (BFOQ)
employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees
Executive Order 11246
illegal for federal contractors and certain subcontractors to discriminate on the basis of race, color, religion, sex, or national origin. It also requires federal contractors and subcontractors to take steps to ensure equal employment opportunity in the workplace
Title II of the Americans With Disabilities Act (ADA)
illegal to discriminate against people with disabilities in all programs, activities, and services offered by state and local government agencies. This includes public transportation services and physical access to state and local government buildings
Disparate Treatment
intentional discrimination that occurs when people are purposely not given the same hiring, promotion, or membership opportunities because of their race, color, sex, age, ethnic group, national origin, or religious beliefs
Mexico's Law to Prohibit and Eliminate Discrimination
outlaws age-based hiring practices but does not specify a punishment so older workers are discriminated against
Covered individuals
people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability
Affirmative action or positive discrimination
policy of providing special opportunities for, and favoring members of, one group over another, when those being favored are perceived as a disadvantaged group who suffer from discrimination within a culture
Section 503 of the Rehabilitation Act
prohibits certain federal contractors and subcontractors from discriminating against qualified employees and job applicants with disabilities. Section 503 also requires contractors to take affirmative steps to hire and promote qualified people with disabilities. - Some provisions of Section 503 mirror those found in the ADA and Section 501 of the Rehabilitation Act.
Title III of the ADA
prohibits disability discrimination by private entities that provide services to the public ( restaurants, movie theaters, etc) public accommodations may have to provide "auxiliary aids and services" such as sign language interpreters, assistive listening devices, or large print materials, unless doing so would cause significant difficulty or expense
Anonymous Applications
taking out names and personal identifiers to have less bias when making discriminating decisions - some believe that this will not necessarily stop discrimination but delay until the interview process.
Since an arrest alone does not necessarily mean that an applicant has committed a crime....
the employer should not assume that the applicant committed the offense.
Several state laws limit the use of arrest and conviction records by prospective employers. These range from laws and rules prohibiting the employer from asking the applicant any questions about arrest records to those restricting ...
the employer's use of conviction data in making an employment decision.
Sex-Based Discrimination
treating someone (an applicant or employee) unfavorably because of that person's sex. Discrimination against an individual because of gender identity (including transgender status) or because of sexual orientation is also a violation of Title VII. Additionally, sex discrimination includes protections for caregivers.
The unemployment rate for _________ is disproportionately higher than the unemployment rates for __________
unemployment rate for people of color is disproportionately higher than the unemployment rates for Caucasians
Discriminatory Coding
use of facially benign code terms that implicate race
Adverse Impact
when a seemingly neutral employment practice has a disproportionately negative effect on a protected group
Under the Immigration Reform and Control act, employers should not ask...
whether or not a job applicant is a US Citizen before making an offer
D&I Programs in Canada are focused on five major groups of employees:
women, members of visible minorities, persons with disabilities, aboriginal peoples, and lesbian, gay, bisexual and transgendered/transsexual individuals
Employment Discrimination
- Unfair treatment due to race, color, religion, sex, national origin, age, disability, or genetic information - Harassment by managers/coworkers - Denial of reasonable workplace accommodation - Retaliation against employees that complain about discrimination, involved in a investigation/lawsuit, or associated with an employee that filed a complaint.
2 Common Processes for Anonymous Applications
1) Employers have online applications that use software that could hide certain information—such as name, age, or gender—during the initial screening stage. 2) Employers that use traditional paper or e-mail applications simply instruct the applicants to submit two versions of their resume—one anonymous, one conventional—or to put their personal information on the last page.
Three terms to describe retaliation:
1. Adverse Action 2. Covered Individual 3. Protected Activity
Ways to show a person has a disability
1. Physical/Mental condition that limits major life activity (walking, talking, seeing, learning, hearing) 2. History of a disability (even if in remission - cancer) 3. Believe to have a physical/mental impairment that is not transitory and minor
A charge of discrimination must be filed within __________ days from the date of the alleged violation, in order to protect the charging party's rights.
180 calendar Additional information: 180 calendar-day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
ADEA Protections include:
Apprenticeship Programs Job Notices and Advertisements (unless a BFOQ) Pre-Employment Inquiries - Information can be obtained after hired if needed for a lawful purpose (EEO Collection) Benefits
Retaliation
Firing, demoting, harass, or other methods as a result of an associate filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. ADA also protects individuals from coercion, intimidation, threat, harassment, or interference in the exercise of their own rights or their encouragement of someone else's exercise of rights granted by the ADA.
Burqa bans
France, Germany, Britain, Spain all back burqa bans
Statute and Final Rule of Genetic Information
Info about genetic tests Info about genetic tests of family members Family Medical History Requests for and receipt of genetic services by an individual/family member Genetic information about a fetus in regards to reproductive technology.
Race/Color Discrimination
It is unlawful to discriminate against any employee or applicant for employment because of race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that are not job related and that disproportionately impacts minorities.
Worker Discrimination in Mexico
Language & religion because there are many cultural differences within different regions women face sexual discrimination - taking pregnancy tests Forced to sign three-month employment contracts though they are outlawed by the government Wages (esp women) Age
Apartheid
Laws (no longer in effect) in South Africa that physically separated different races into different geographic areas.
dearth
Scarcity
Lilly Ledbetter Fair Pay Act (the "Act") 2009
This law overturned the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. (2007), which severely restricted the time for filing complaints of employment discrimination concerning compensation. The Act states the EEOC's longstanding position that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began. a best practice, employers are encouraged to pay employees based on the job experience and work that will be performed, or according to the salary range appropriated in the job description.
The Fair Labor Standards Act
This law regulates workplace practices related to minimum wage, overtime pay, and child labor.
The Family and Medical Leave Act (FMLA)
This law requires certain employers to grant up to 12 weeks of leave during a 12-month period to eligible employees who need time off because of a "serious health condition" that they or someone in their family is experiencing. - Can overlap with other laws -The U.S. Department of Labor Wage and Hour Division enforces FMLA.
Section 508 of the Rehabilitation Act
This law requires federal agencies to ensure that electronic and information technology used by the government can be accessed and used by people with disabilities. The U.S. Access Board oversees this law.
The Occupational Safety and Health Act of 1970 (OSHA)
This law sets out safety requirements for workplaces. The Occupational Safety and Health Administration works with states to investigate and enforce OSHA requirements.
Whistleblowers
Those who raise ethical, financial, or other concerns unrelated to employment discrimination. Individuals who have brought attention to violations of law other than employment discrimination are NOT covered individuals for purposes of anti-discrimination retaliation laws.
The Americans with Disabilities Act of 1990 (ADA)
Title I - prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. 15+ more employees for state and local governments, employment agencies, and labor organizations
THE GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)
Title I of GINA amends portions of the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code to address the use of genetic information in health insurance. Title II prohibits the use of genetic information in employment; restricts employers and other entities covered by Title II from requesting, requiring, or purchasing genetic information; and strictly limits the disclosure of genetic information. - 34 States prohibit employment discrimination based on genetic information 2009 - Illegal to discriminate against employees or applicants
T/F: Employers are permitted to coordinate retiree health benefit plans with eligibility for Medicare or a comparable state-sponsored health benefit.
True
True or false: Discrimination can occur when the victim and the person who committed the discriminatory action are both over 40
True
True/False: China is, by far, the most diverse country in East Asia.
True
The law prohibits employers from ______________ or ___________________ for employment eligibility verification (or the Department of Homeland Security (DHS) Form I-9), based on an employee's citizenship status or national origin.
The law prohibits employers from rejecting valid documents or insisting on additional documents beyond what is legally required for employment eligibility verification (or the Department of Homeland Security (DHS) Form I-9), based on an employee's citizenship status or national origin.
The laws enforced by EEOC prohibit an employer or other covered entity from using ____________ employment policies and practices that have a disproportionately negative effect on applicants or employees of a race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, or disability, if the policies or practices at issue are not job- related and necessary to the operation of the business.
The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, or disability if the policies or practices at issue are not job- related and necessary to the operation of the business.
The Civil Service Reform Act of 1978 (CSRA)
This law makes it illegal to discriminate against a federal employee or job applicant on the basis of race, color, national origin, religion, sex, age, or disability. The CSRA also prohibits discrimination on the basis of certain other factors that don't adversely affect employee performance, such as marital status, political association, and sexual orientation. The CSRA makes it illegal to fire, demote, or otherwise "retaliate" against a federal employee or job applicant for whistle-blowing or for exercising the right to file a complaint, grievance, or an appeal. The Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) enforce the CSRA.
Title VI of the Civil Rights Act of 1964
This law makes it illegal to discriminate on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
Equal Employment Opportunity Commission (EEOC)
a federal agency designed to regulate and enforce the provisions of Title VII, prohibiting employment discrimination for employees, former employees, and applicants
EEO-1 Report
a government form requiring many employers to provide a count of their employees by job category and by ethnicity, race and gender.
Burqa
a long, loose garment covering the whole body from head to feet, worn in public by many Muslim women.
Immigration Reform and Control Act of 1986 (IRCA)
A federal law that makes it illegal to hire or recruit illegal immigrants knowingly. Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). This law also makes it illegal for an employer to request employment verification only from people of a certain national origin or only from people who appear to be from a foreign country. An employer who has citizenship requirements or gives preference to U.S. citizens also may violate IRCA.
Hijab
A head covering worn in public by some Muslim women - Covers the head and neck but not the face
A qualified employee or applicant with a disability is an individual who, with or without ___________, can perform the essential functions of the job in question
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodations, can perform the essential functions of the job in question
Law specifics for the National Origin Discrimination
Accent Discrimination English Fluency - requirement is only permissible if required for effective performance of the position English-Only Rules Coverage of Foreign Nationals (relief may be limited if an individual does not have work authorization)
Reasonable Accommodations
Adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities unless there is an undue hardship on the operation of the employer's business.
Canadian Charter of Rights and Freedoms
Adopted in 1982 but did not include equality rights until 1985 to review pre-existing statutes and eliminate potential unconstitutional inequalities Section 15(1) is to prevent the violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration.
Undue Hardship
An action requiring significant difficulty or expense when considering factors such as an employer's size, financial resources, and the nature and structure of its operation. - or personal use items (glasses/hearing aids)
Adverse Action
An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Unlawful for a worker's current employer to retaliate against them for pursuing an EEO charge against a former employer
Employers may require employees to return after giving birth with the following modifications:
Break Time for Nursing Mothers - there should be reasonable break times for nursing mothers one year after the child's birth Health Insurance - must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions (employers do not have to cover abortion costs unless the mother's life is in danger) Fringe Benefits - The associate does not have to be married to receive benefits Employees on leave because of pregnancy-related conditions must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculations, pay increases, and temporary disability benefits.
CHINA VS. U.S. AUTHORITY
China: Hierarchical Tendencies Top-Down Communication One-way communication Infrequent feedback America: Egalitarian Tendencies Side-by-Side Communication Two-Way Communication Frequent Feedback
CULTURAL ORIENTATION: China vs. US
China: Group Orientation - Relationships are emphasized Indirect Communication High Context Conflict Avoidance US: Individualism - Tasks are emphasized Direct Communication High Content Conflict Acceptance
Color Discrimination
Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity
Genetic information
Data about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e., an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
EEOC regulations require that employers keep all personnel or employment records for _____ year.
EEOC regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. If a charge has been filed, employers have additional recordkeeping obligations.
Assuming the company has the required number of employees, the following is protected by anti-discrimination laws
Employee Job Applicant Former Employee Applicant/participant in training/apprenticeship program
disparate treatment case
Employee is claiming that the employer treated her differently than other employees who were in a similar situation.
Waivers of ADEA Rights
Employers can ask employees to waive rights/claims under ADEA with minimum standards: in writing and understandable specifically refer to ADEA rights/claims Not waive rights/claims that may arise in the future In exchange for valuable consideration in addition to anything of value that the individual is already entitled Advice the individual in writing to consult with an attorney before signing Provide 21 days to consider and 7 days for revocation after signing
South Africa Constitution Act & Employment Equity Act
Employers have been forced (by law) to accelerate the hiring of a more diverse workforce and to remove the barriers to employment progress for previously disadvantaged groups. -- Issues is that nothing is reinforced such as diversity training and interpersonal learning
SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION
Executive Order 11478, as amended, expressly prohibits discrimination based on sexual orientation and gender identity within executive branch civilian employment
Title VII Pregnancy related protections
Hiring - An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers. Pregnancy & Maternity Leave - An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, employers can request medical docs prior to granting benefits
Employment Eligibility Verification (I-9) Form
IRCA requires employers to verify the identity and employment eligibility of all employees hired after November 6, 1986, by completing the Employment Eligibility Verification (I-9) Form, and reviewing documents showing the employee's identity and employment authorization.
disability
Impaired physical or emotional function that limits one or more major life activities
In 2017, 33.9% of EEOC charges involved ______ discrimination - which surpassed every other claim type except ________.
In 2017, 33.9% of EEOC charges involved race discrimination - which surpassed every other claim type except retaliation.
_____ are not covered by anti-discrimination laws
Independent Contractors
Title I of ADA covers:
Medical Examinations and Inquiries - cannot as applicants about a disability - can be asked about their ability to perform the job (a medical exam can be done, but then it must be done for all employees/applicants) Confidential Medical Records - Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional Drug and Alcohol Abuse - Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
"prima facie case"
Minimum set of facts that a plaintiff has to include in a court complaint and be prepared to prove it - getting the employer to explain themselves in court
2008 ADA ammendment
Modified the way terms such as "disability" should be interpreted. The basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment: EEOC revised to say "Substantially limits" and expands on "Major life activities"
Dress code modifications
Moreover, if the dress code conflicts with an employee's religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in an undue hardship. Similarly, if an employee requests an accommodation to the dress code because of his/her disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee's request for an _________ or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a _____________.
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee's request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a medical condition.
Protected Activity
Opposition to a practice believed to be unlawful discrimination - protected from retaliation as long as it is based on a reasonable, good-faith belief that the complained of practice violates anti-discrimination law; and the manner of the opposition is reasonable. Participation in an employment discrimination proceeding - Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences. However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination.
Affirmative Defenses
Pay differentials that are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. Employer's burden to prove that they apply - when correcting, pay cannot be decreased, instead the lower paid employee's compensation must be increased.
Pasqua Laws
Prohibited foreign graduates from accepting in-country employment, increased the waiting period for family reunification from one to two years, and denied residence permits to foreign spouses who had been in France illegally prior to marrying
Title IIV's protections for Race
Recruiting, Hiring, and Advancement Segregation and Classification of Employees ***Race or color as a bona fide occupational qualification is prohibited under Title VII
Religious corporations, associations, educational institutions, or societies are ________ from the federal laws that EEOC enforces when it comes to the employment of individuals based on their religion.
Religious corporations, associations, educational institutions, or societies are exempt from the federal laws that EEOC enforces when it comes to the employment of individuals based on their religion.
Critical Issue in Japan
Representation of women in the workforce - men are generally the breadwinners and women raise the family. Japan is now having conversations of women's rights in the workplace.
48.8% of charges files with the EEOC in 2017 included a claim of:
Retaliation
One of the greatest demographic challenges facing China is the aging population.
The Chinese government has responded to this population issue with legislation that alters its 30- year policy allowing couples to have one-child. As of January 1, 2016, China allows couples to have two-children—but many fear this step is too little, too late. Some couples are already opting out of having a second child because the cost of living is too high in cities such as Beijing and Shanghai.
Workplace Laws not Covered by the EEOC
The Civil Service Reform Act of 1978 (CSRA) The Immigration Reform and Control Act of 1986 (IRCA) Executive Order 11246 Title VI of the Civil Rights Act of 1964 Title II of the Americans With Disabilities Act (ADA) Title III of the ADA Title IX of the Education Amendments of 1972 The Family and Medical Leave Act (FMLA) The Occupational Safety and Health Act of 1970 (OSHA) Section 503 of the Rehabilitation Act Section 504 of the Rehabilitation Act Section 508 of the Rehabilitation Act The Social Security Act The Fair Labor Standards Act National Labor Relations Act Section 1981 of the Civil Rights Act of 1866 Workers Compensation
The EEO-1 Report is submitted to both the EEOC and the Department of Labor. It must be filed annually by _____ 30th by (1) all employers with ___ or more employees; or (2) all federal government contractors and first-tier subcontractors with ___ or more employees and a contract amounting to ________ or more.
The EEO-1 Report is submitted to both the EEOC and the Department of Labor. It must be filed annually by September 30th by (1) all employers with 100 or more employees; or (2) all federal government contractors and first-tier subcontractors with 50 or more employees and a contract amounting to $50,000 or more.
Pregnancy Discrimination Act
The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964, and covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and labor organizations, as well as to the federal government. In passing the PDA, Congress intended to prohibit discrimination based on "the whole range of matters concerning the childbearing process.
National Origin Discrimination
Under the law, no one can be denied equal employment opportunity because of the birthplace, ancestry, culture, linguistic characteristics common to a specific ethnic group, or accent or because of perceived national origin. 15+ more employees Title VII prohibits offensive conduct - ethnic (ei. racial slurs) that create hostile work environments
Niqab
Veil that covers a woman's hair and face, leaving only the eyes clearly visible.
Three ways to make a prima facie case
When an employee has a facial policy (employer has stated a policy that it will hire only females) Direct Evidence - evidence that directly proves a key fact at issue Circumstantial Evidence - evidence not drawn from direct observation of a fact in issue
Underlying factors in the male dominated Japanese culture
Women are so programmed as to the appropriateness of their roles as homemakers that they do not attempt to break into corporate work environments and; 2. Working women get little to no support from their spouses in raising the kids and taking care of the home so they shirk additional responsibilities or promotions at work because they simply do not have the time or energy.
disparate impact case
claim is that the employer has a practice that has a much bigger impact on one group than on another.
Section 504 of the Rehabilitation Act
prohibits disability discrimination in programs and activities that receive federal financial assistance. This includes discrimination against qualified applicants and employees with disabilities, as well as discrimination in the services and activities provided by federal agencies to the public. The non-discrimination provisions of Section 504 are similar to those found in Title I of the ADA, covering employment discrimination, and Title II of the ADA, covering the programs, activities, and services offered by state and local governments.
The Age Discrimination in Employment Act of 1967 (ADEA)
protects employees and applicants who are 40 years of age or older from employment discrimination based on age in hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training; also, retaliation of opposing employment practices based on age discrimination. Applies to employers with 20+ employees including state and local governments, employment agencies, labor organizations, and federal governments
Title IX of the Education Amendments of 1972
protects people from discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX regulation describes the conduct that violates the law. -only addresses public and private schools that receive federal funding, several states have enacted similar laws to prohibit discrimination based on sex regardless of whether the school receives federal funding - The U.S. Department of Education's Office for Civil Rights enforces Title IX
Section 1981 of the Civil Rights Act of 1866
protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. This law is enforced by individuals, not a federal agency.
Mexico's Federal Labor Law Reform of 2012
protects workers from various forms of discrimination including when female workers are fired or never hired for being pregnant; LGBTQ+ workers are retaliated against for their sexual orientation or gender identity, and men and women are sexually harassed in the workplace.
National Labor Relations Act
protects workers who wish to form, join or support unions; those who are already represented by unions; and individuals who join together as a group (two or more employees) without a union seeking to modify their wages or working conditions.
The Social Security Act
provides Social Security Disability Insurance (SSDI) to certain individuals with severe disabilities who can no longer work.
Workers Compensation
provides compensation for on-the-job injuries and illnesses. Job modifications and alternative assignments may be made and covered under ADA
RELIGIOUS DISCRIMINATION
requires an employer or other covered entity to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship on the employer Employers generally should not schedule examinations or other selection activities in conflict with a religious practice, inquire about an applicant's future availability at certain times, maintain a restrictive dress code, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can show that doing so would cause an undue hardship. Undue hardship - An employer can claim undue hardship when asked to accommodate an applicant's or employee's religious practices if allowing such practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation. Undue hardship also may be shown if the request for an accommodation violates the terms of a collective bargaining agreement or job rights established through a seniority system. An employee whose religious practices prohibit payment of union dues to a labor organization cannot be required to pay the dues but may pay an equal sum to a charitable organization.
THE EQUAL PAY ACT AND COMPENSATION DISCRIMINATION (EPA)
requires that men and women are given equal pay for equal work in the same establishment - the jobs do not have to be the exact same, it is the job content, not title that determines whether jobs are substantially equal in skill, effort, responsibility, and working conditions
Race-Related Characteristics and Conditions
skin color, hair texture, or certain facial features; discrimination because of a condition which predominantly affects one race unless the practice is job related and consistent with business necessity
Charter of Human Rights and Freedoms
statutory bill of rights and human rights passed by the National Assembly of Quebec on June 27, 1975. This charter was amended in 1977 to prohibit discrimination based on sexual orientation.
