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In Employment Law And Immigration

Types of discrimination in the workplace and applicable federal laws

| Jun 16, 2021 | Workplace Discrimination |

Thankfully, we live in a regulated society that protects workers’ rights. Since the passing of Title VII of the Civil Rights Act of 1964, the federal government has taken a strong stance against discrimination in the workplace.

The Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates all complaints that come under Title VII. These are a sample workplace discrimination and the applicable federal laws:

Age: The Age Discrimination in Employment Act of 1967 (ADE) and its amendment, Older Workers Benefit Protection Act of 1990 (OWBPA)

Disability: The Americans with Disabilities Act of 1990 (ADA)

The ADA Amendments Act of 2008 (ADAAA) expands qualifying disabilities to include a physical or mental condition that affects employees.

Sexual orientation: Title VII of the Civil Rights Act of 1964. The Family and Medical Leave Act (FMLA) applies to employees with serious health issues or employees who caretakers for their spouse, which includes same-sex spouses.

Parental status: Federal Executive Order 13152

Disability: The Americans with Disabilities Act of 1990 (ADA)

Religion: Title VII of the Civil Rights Act of 1964

National origin: Title VII of the Civil Rights Act of 1964

Pregnancy: The Pregnancy Discrimination Act (PDA)

Sexual harassment: Title VII of the Civil Rights Act of 1964

Race or Color: Title VII of the Civil Rights Act of 1964

Gender: Title VII of the Civil Rights Act of 1964. The Equal Pay Act of 1963 (EPA) requires equal pay for male and female employees.

Additionally, the Equal Employment Opportunity Commission (EEOC) recently declared that discrimination based upon an employee’s sex change violated Title VII of the Civil Rights Act of 1964.

Reprisal or retaliation: The False Claims Act (FCA) protects whistleblowers.

The Fair Labor Standards Act (FLSA) is the federal wage law.

The Occupational Safety & Health Administration (OSHA) enforces the Occupational Safety & Health Act (OSHAA). Furthermore, OSHA has a Whistleblower Protection Program.

Genetic predisposition: The Genetic Information Nondiscrimination Act of 2008 (GINA) protects employees against discrimination for genetic predisposition to illnesses.

Health status: Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Union membership: The National Labor Relations Act (NLRA) protects employees’ rights to union activity, or their right to be a non-union member.

Alabama’s workers can seek refuge under an alphabet soup of federal laws and agencies. EEOC, OSHA, ADA, ADAAA, ADE, FMLA, PDA, EPA, FCA, FLSA, GINA, HIPAA, NLRA, etc. To help navigate in cases of alleged discrimination, legal counsel with experience in discrimination in the workplace is a must.

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