Issues Involving Discrimination And Harassment In Employment
There are Federal and state laws which prohibit discrimination based on gender, age, religious-affiliation, marital status, disability, political beliefs, race, color, and national origin.
Here are the Federal laws which uphold the basic rights of workers:
Title VII of the Civil Rights Act of 1964
Citizens should have access to equal employment opportunities, have constitutional right to vote, access federally assisted programs, freedom from discrimination in public accommodations, access to public facilities and public education, enjoyment of civil rights, and to have the right to pursue ones own happiness.
Americans with Disabilities Act (ADA)
Employers should not discriminate a qualified worker with disability (either mental or physical impairment). A qualified worker with disability is someone who can perform the task assignments, have extensive experience and education, and skills applicable to the job.
Age Discrimination in Employment Act (ADEA)
This law protects elderly people from discrimination based on age. ADEA also prohibits job advertisement with age preference and requires employers to provide benefits to older workers.
Equal Pay Act (EPA)
This law prohibits discrimination based on gender and requires employers to give equal pay to men and women who perform a similar job, who have the same skills and effort, and who are working under the same company.
The Civil Rights Act of 1991
The Act requires erring companies and employers to give punitive damages after committing intentional discrimination.
Also, this Act directs the Equal Employment Opportunity Commission (EEOC) to expand its assistance to workers.
Harassment in Employment
Apart from discrimination, harassment can also happen in a work place. To prevent such unfair labor practice, the laws stated above also cover the issue of harassment in employment.
According to EEOC, harassment happens when a person has committed an uninvited or unwelcome conduct against another individual.
The exact definition of harassment according to the EEOC is:
1. The victim has to endure the offensive conduct just to continue working.
2. The offensive conduct has created an intimidating and abusive environment for the victim.
Offensive conducts include:
Racial slur
Physical assaults/threats
Displaying offensive pictures
Obstructing work performance
Mockery
And other forms of intimidation
Meanwhile, the anti-discrimination laws also protect individuals from retaliation after revealing illegal activities done by the company to authorities.
Discrimination and Harassment Claims
Victims of discrimination and harassment can file claims against the erring company or employer. By doing so, they will not only give justice to themselves but also deter companies and executives from continuing their discriminatory practices.
When filing for discrimination and harassment claims, it is important to hire a lawyer who has an extensive experience in handling cases which involved unfair labor practices.
Employers Obligation
The law encourages companies to take necessary steps to prevent harassment and discrimination. Employers should also provide grievance process that will assist a worker who has been subjected to discrimination and other unfair labor practices.
By making the employment area free from harassment and discrimination, employees can be more productive as they will enjoy working in an environment which is safe and secure.
