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Non-union Fair Labor Laws

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    Civil Rights Act

    • Possibly the most well known federal labor law, and the one that gave birth to the EEOC, is the Civil Rights Act of 1964. Passed by President Johnson, the act prohibits discrimination on the basis of race, religion, sex, national origin or gender. The act also applies to training programs and other opportunities offered by an employer. Preferential treatment may not be given to members of minorities in respect to quotas or percentages of an employer’s workers. The act also created the EEOC, a five-member panel with no more than three members belonging to the same political party. The members serve five-year terms and are appointed by the President with Senate approval.

    Equal Pay Act

    • The Equal Pay Act of 1963 prohibits differences in compensation based on sex. The EEOC clarifies that discrimination cannot be leveled against men and women working in “jobs that require substantially equal skill, effort and responsibility under similar working conditions.” This does not apply to situations where pay is determined by a merit system, decided by seniority or affected by factors other than gender. Additionally, employers are not allowed to decrease an employee’s pay to become compliant with the act.

    Age Discrimination

    • The Age Discrimination in Employment Act of 1967 extends workplace protection to workers over 40 years of age. The act’s stated purpose is to promote employment based on merit rather than age, to prohibit discrimination based on age and to help “employers and workers find ways of meeting problems arising from the impact of age on employment.” This act also makes it illegal for employers to post or print preferences or limitations regarding the age of applicants when publicizing open positions.

    Americans with Disabilities

    • The Americans with Disabilities Act of 1990 prohibits the discrimination of qualified employees based on the presence of a physical or mental disability. This applies to hiring, firing, training, compensation and all other terms and conditions of employment.

    Protection

    • The acts listed above also protect employees from retaliation for filing complaints about discrimination. The Equal Employment Opportunity Commission hears complaints regarding retaliation.

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