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Employment Discrimination

Employment discrimination has been an issue among workers for years. This is especially true among the many immigrants in recent years who have settled in the United States to take advantage of work related opportunities and fulfill the promise of a better life.

 

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A few immigrants have come to escape persecution from repressive governments while others due to varying reasons. What is apparent, though, is that American born citizens comparatively have enjoyed the utmost freedom and equal status from a government anchored on a democratic platform.

Most large corporations and multinationals have attempted to conform to the tenets of federal government laws, particularly those seeking prevention of employment discrimination by virtue of race, gender sexual orientation, religion, national origin, physical disability and age.

Employment discrimination over the years has included biases in hiring, job assignments, wrongful termination, unequal compensation packages and different types of sexual harassment. Laws, both federal and state laws, have been enacted to provide additional protection in cases of employment discrimination where the government employer has to take concrete steps to implement the same statutes as that of private employers.

These are all embodied in the 5th and 14th amendment of the United States Constitution that limit the power of the federal and state governments to practice employment discrimination and deprive citizens the right to life, liberty, or property without the due process of law.. This likewise includes an implicit guarantee that all US citizens receive equal protection of the laws of the land.

The 14th amendment of the Constitution meanwhile explicitly prohibits any states from violating an individual's right to due process and equal protection. In the context of employment, the right to equal protection limits the power of the State and Federal government to discriminate in their employment practices by treating employees, former employees or job applicants less than equally regardless of membership in a group (race or sex). It further states that due process compels employers to follow procedural guidelines in the termination of employees.

Another law that helped curb employment discrimination is the Equal Pay Act, which amended the Fair Labor Standards Act of 1963. This law prohibits the payment of wages based on sex or gender by employers and unions.

The same does not however prohibit discriminatory practices in hiring. The law states further that workers performing equal work on jobs requiring "equal skill, effort and responsibility, and performed under similar working conditions" should be paid equally. The Fair Labor Standards Act applies to all employees engaged in interstate commerce.

The Civil Rights Act of 1964 prohibits employment discrimination in many aspects of work relationship, including the non-hiring of pregnant women because of impending childbirth or related medical conditions.

The act makes it illegal for employers to engage in employment discrimination in the course of hiring, discharging and compensation as well as in the implementation of terms, conditions and privileges pertinent to employment. The Nineteenth Century Civil Rights Acts, as amended in 1993, ensures all persons equal rights under the law and outlines the damages available to complainants served under the Civil Rights Act of 1964.

Other topics that are a part of employment discrimination include Sexual Harassment, Wage and Hour Claims, Pregnancy Discrimination, Americans with Disability Act (ADA) Rights, the Age Discrimination in Employment Act and the whistleblower cases where individuals report employers for violating employment laws and/or fraud laws.

 

 

 

 

 

 

 


 

 


 

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