Employment Discrimination Law in The United States

Employment discrimination law in the United States originates from the common law, and is codified in various state, federal, and regional laws. These laws forbid discrimination based upon particular attributes or "secured classifications". The United States Constitution also prohibits discrimination by federal and state governments against their public staff members. Discrimination in the personal sector is not straight constrained by the Constitution, but has actually become subject to a growing body of federal and state law, employment consisting of the Title VII of the Civil Liberty Act of 1964. Federal law restricts discrimination in a number of areas, including recruiting, employing, job evaluations, promotion policies, training, settlement and disciplinary action. State laws typically extend protection to additional categories or companies.

Under federal employment discrimination law, companies generally can not victimize workers on the basis of race, [1] sex [1] [2] (including sexual preference and gender identity), [3] pregnancy, [4] faith, [1] nationwide origin, [1] disability (physical or mental, consisting of status), [5] [6] age (for workers over 40), [7] military service or association, [8] insolvency or bad debts, [9] hereditary details, [10] and citizenship status (for residents, permanent homeowners, short-term residents, refugees, and asylees). [11]

List of United States federal discrimination law

Equal Pay Act of 1963
Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964
Title VII of the Civil Liberty Act of 1964


Title IX

Constitutional basis

The United States Constitution does not straight attend to work discrimination, but its restrictions on discrimination by the federal government have been held to safeguard federal government employees.

The Fifth and Fourteenth Amendments to the United States Constitution restrict the power of the federal and state federal governments to discriminate. The Fifth Amendment has a specific requirement that the federal government does not deny people of "life, liberty, or residential or commercial property", without due procedure of the law. It also includes an implicit guarantee that the Fourteenth Amendment clearly prohibits states from breaching a person's rights of due procedure and equivalent security. In the employment context, these Constitutional provisions would limit the right of the state and federal governments to discriminate in their work practices by treating employees, former employees, or task candidates unequally due to the fact that of membership in a group (such as a race or sex). Due procedure defense needs that federal government workers have a reasonable procedural process before they are ended if the termination is connected to a "liberty" (such as the right to complimentary speech) or residential or commercial property interest. As both Due Process and Equal Protection Clauses are passive, the stipulation that empowers Congress to pass anti-discrimination costs (so they are not unconstitutional under Tenth Amendment) is Section 5 of Fourteenth Amendment.

Employment discrimination or harassment in the personal sector is not unconstitutional since Federal and most State Constitutions do not specifically provide their particular federal government the power to enact civil liberties laws that apply to the economic sector. The Federal government's authority to regulate a personal business, including civil rights laws, comes from their power to manage all commerce in between the States. Some State Constitutions do specifically pay for some protection from public and private employment discrimination, such as Article I of the California Constitution. However, most State Constitutions only resolve inequitable treatment by the government, including a public employer.

Absent of an arrangement in a State Constitution, State civil liberties laws that regulate the personal sector are typically Constitutional under the "authorities powers" teaching or the power of a State to enact laws designed to safeguard public health, safety and morals. All States should adhere to the Federal Civil liberty laws, but States might enact civil liberties laws that use additional employment defense.

For instance, some State civil liberties laws provide defense from work discrimination on the basis of political affiliation, even though such forms of discrimination are not yet covered in federal civil liberties laws.

History of federal laws

Federal law governing work discrimination has established gradually.

The Equal Pay Act modified the Fair Labor Standards Act in 1963. It is implemented by the Wage and Hour Division of the Department of Labor. [12] The Equal Pay Act prohibits companies and unions from paying various wages based on sex. It does not restrict other inequitable practices in hiring. It supplies that where employees perform equivalent operate in the corner requiring "equal skill, effort, and obligation and carried out under comparable working conditions," they should be supplied equal pay. [2] The Fair Labor Standards Act applies to employers engaged in some element of interstate commerce, or all of an employer's employees if the business is engaged as a whole in a substantial amount of interstate commerce. [citation required]

Title VII of the Civil Rights Act of 1964 forbids discrimination in a lot more aspects of the employment relationship. "Title VII created the Equal Job opportunity Commission (EEOC) to administer the act". [12] It uses to the majority of companies engaged in interstate commerce with more than 15 staff members, labor companies, and employment agencies. Title VII forbids discrimination based upon race, color, religious beliefs, sex or nationwide origin. It makes it illegal for employers to discriminate based upon safeguarded characteristics regarding terms, conditions, and employment benefits of employment. Employment agencies may not discriminate when working with or referring candidates, and labor organizations are likewise restricted from basing subscription or union classifications on race, color, religion, sex, or national origin. [1] The Pregnancy Discrimination Act modified Title VII in 1978, specifying that illegal sex discrimination includes discrimination based upon pregnancy, childbirth, and associated medical conditions. [4] An associated statute, the Family and Medical Leave Act, sets requirements governing leave for pregnancy and pregnancy-related conditions. [13]

Executive Order 11246 in 1965 "prohibits discrimination by federal contractors and subcontractors on account of race, color, religion, sex, or nationwide origin [and] requires affirmative action by federal specialists". [14]

The Age Discrimination in Employment Act (ADEA), enacted in 1968 and modified in 1978 and 1986, forbids employers from discriminating on the basis of age. The prohibited practices are almost similar to those described in Title VII, other than that the ADEA secures employees in firms with 20 or more employees instead of 15 or more. A worker is safeguarded from discrimination based upon age if he or she is over 40. Since 1978, the ADEA has phased out and restricted compulsory retirement, except for high-powered decision-making positions (that also offer big pensions). The ADEA consists of specific guidelines for advantage, pension and retirement strategies. [7] Though ADEA is the center of many discussion of age discrimination legislation, employment there is a longer history starting with the abolishment of "maximum ages of entry into work in 1956" by the United States Civil Service Commission. Then in 1964, Executive Order 11141 "developed a policy against age discrimination amongst federal specialists". [15]

The Rehabilitation Act of 1973 prohibits work discrimination on the basis of disability by the federal government, federal specialists with contracts of more than $10,000, and programs receiving federal monetary support. [16] It requires affirmative action along with non-discrimination. [16] Section 504 needs sensible lodging, and Section 508 requires that electronic and information innovation be available to handicapped workers. [16]

The Black Lung Benefits Act of 1972 forbids discrimination by mine operators against miners who experience "black lung disease" (pneumoconiosis). [17]

The Vietnam Era Readjustment Act of 1974 "needs affirmative action for handicapped and Vietnam period veterans by federal professionals". [14]

The Bankruptcy Reform Act of 1978 prohibits work discrimination on the basis of insolvency or bad financial obligations. [9]

The Immigration Reform and Control Act of 1986 forbids companies with more than 3 workers from victimizing anybody (other than an unapproved immigrant) on the basis of national origin or citizenship status. [18]

The Americans with Disabilities Act of 1990 (ADA) was enacted to remove prejudiced barriers versus qualified individuals with impairments, individuals with a record of a special needs, or people who are considered as having an impairment. It prohibits discrimination based on genuine or viewed physical or mental disabilities. It also needs employers to provide affordable accommodations to employees who need them since of a disability to use for a task, perform the important functions of a task, or take pleasure in the advantages and opportunities of work, unless the company can show that undue difficulty will result. There are rigorous limitations on when an employer can ask disability-related questions or require medical assessments, and all medical info needs to be dealt with as personal. A disability is specified under the ADA as a mental or physical health condition that "considerably restricts several major life activities. " [5]

The Nineteenth Century Civil Rights Acts, amended in 1993, ensure all individuals equal rights under the law and outline the damages readily available to plaintiffs in actions brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the 1973 Rehabilitation Act. [19] [20]

The Genetic Information Nondiscrimination Act of 2008 bars employers from using people' hereditary details when making hiring, firing, task placement, or promotion decisions. [10]

The proposed US Equality Act of 2015 would ban discrimination on the basis of sexual preference or gender identity. [21] Since June 2018 [update], 28 US states do not clearly include sexual orientation and 29 US states do not explicitly include gender identity within anti-discrimination statutes.

LGBT employment discrimination

Title VII of the Civil Liberty Act of 1964 forbids work discrimination on the basis of sexual preference or gender identity. This is included by the law's restriction of work discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020 ), employment protections for LGBT individuals were patchwork; several states and regions explicitly prohibit harassment and bias in work decisions on the basis of sexual preference and/or gender identity, although some only cover public staff members. [22] Prior to the Bostock choice, employment the Equal Job Opportunity Commission (EEOC) interpreted Title VII to cover LGBT staff members; the EEOC's figured out that transgender employees were safeguarded under Title VII in 2012, [23] and extended the protection to encompass sexual preference in 2015. [24] [25]

According to Crosby Burns and Jeff Krehely: "Studies reveal that anywhere from 15 percent to 43 percent of gay individuals have experienced some type of discrimination and harassment at the office. Moreover, a staggering 90 percent of transgender employees report some kind of harassment or mistreatment on the job." Lots of people in the LGBT neighborhood have actually lost their job, consisting of Vandy Beth Glenn, a transgender lady who declares that her employer informed her that her existence may make other people feel uneasy. [26]

Almost half of the United States also have state-level or employment municipal-level laws banning the discrimination of gender non-conforming and transgender individuals in both public and private workplaces. A few more states prohibit LGBT discrimination in just public offices. [27] Some opponents of these laws think that it would invade religious liberty, although these laws are focused more on inequitable actions, not beliefs. Courts have also determined that these laws do not infringe totally free speech or spiritual liberty. [28]

State law

State statutes also offer extensive security from work discrimination. Some laws extend similar security as offered by the federal acts to companies who are not covered by those statutes. Other statutes supply protection to groups not covered by the federal acts. Some state laws provide higher defense to employees of the state or of state contractors.

The following table lists categories not safeguarded by federal law. Age is consisted of too, because federal law just covers workers over 40.

In addition,

- District of Columbia - matriculation, personal appearance [35]- Michigan - height, weight [53]- Texas - Participation in emergency situation evacuation order [90]- Vermont - Birthplace [76]

Government employees

Title VII also uses to state, federal, local and other public employees. Employees of federal and state governments have extra securities versus employment discrimination.

The Civil Service Reform Act of 1978 forbids discrimination in federal work on the basis of conduct that does not affect job efficiency. The Office of Personnel Management has analyzed this as forbiding discrimination on the basis of sexual orientation. [91] In June 2009, it was revealed that the analysis would be expanded to consist of gender identity. [92]

Additionally, public staff members maintain their First Amendment rights, whereas personal companies have the right to limits employees' speech in particular ways. [93] Public workers keep their First Amendment rights insofar as they are speaking as a private resident (not on behalf of their company), they are speaking on a matter of public concern, and their speech is not interfering with their job. [93]

Federal staff members who have employment discrimination claims, such as postal employees of the United States Postal Service (USPS) must take legal action against in the proper federal jurisdiction, which poses a different set of issues for employment plaintiffs.

Exceptions

Bona fide occupational credentials

Employers are typically allowed to think about characteristics that would otherwise be inequitable if they are bona fide occupational qualifications (BFOQ). The most typical BFOQ is sex, and the 2nd most common BFOQ is age. Authentic Occupational Qualifications can not be used for discrimination on the basis of race.

The only exception to this guideline is demonstrated in a single case, Wittmer v. Peters, where the court guidelines that police monitoring can match races when necessary. For circumstances, if police are running operations that involve private informants, or undercover agents, sending an African American officer into a sting for a KKK white supremacy group. Additionally, authorities departments, such as the department in Ferguson, Missouri, can think about race-based policing and work with officers that are in proportion to the neighborhood's racial makeup. [94]

BFOQs do not apply in the entertainment industry, such as casting for films and television. [95] Directors, manufacturers and casting personnel are allowed to cast characters based upon physical attributes, such as race, sex, hair color, eye color, weight, and so on. Employment discrimination declares for Disparate Treatment are unusual in the home entertainment industry, specifically in performers. [95] This validation is unique to the home entertainment industry, and does not move to other industries, such as retail or food. [95]

Often, companies will utilize BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ can not be a cost reason in wage gaps between various groups of employees. [96] Cost can be considered when an employer should balance privacy and security worry about the variety of positions that an employer are trying to fill. [96]

Additionally, customer preference alone can not be a validation unless there is a personal privacy or security defense. [96] For example, retail establishments in backwoods can not restrict African American clerks based on the racial ideologies of the customer base. But, matching genders for staffing at centers that manage kids survivors of sexual assault is permitted.

If a company were trying to show that work discrimination was based upon a BFOQ, there should be an accurate basis for thinking that all or significantly all members of a class would be not able to carry out the task safely and effectively or that it is unwise to determine certifications on a customized basis. [97] Additionally, absence of a malevolent motive does not convert a facially inequitable policy into a neutral policy with a discriminatory effect. [97] Employers also bring the burden to reveal that a BFOQ is fairly needed, and a lesser prejudiced alternative approach does not exist. [98]

Religious work discrimination

"Religious discrimination is treating individuals in a different way in their work because of their religious beliefs, their spiritual beliefs and practices, and/or their ask for accommodation (a change in an office rule or policy) of their faiths and practices. It likewise includes treating individuals in a different way in their work due to the fact that of their absence of religious belief or practice" (Workplace Fairness). [99] According to The U.S. Equal Employment Opportunity Commission, employers are prohibited from declining to employ a private based on their faith- alike race, sex, age, and impairment. If a staff member believes that they have experienced spiritual discrimination, they need to resolve this to the supposed offender. On the other hand, workers are safeguarded by the law for reporting job discrimination and are able to submit charges with the EEOC. [100] Some places in the U.S. now have clauses that ban discrimination against atheists. The courts and laws of the United States give specific exemptions in these laws to companies or employment institutions that are spiritual or religiously-affiliated, however, to varying degrees in different locations, depending upon the setting and the context; some of these have actually been upheld and others reversed gradually.

The most current and prevalent example of Religious Discrimination is the extensive rejection of the COVID-19 Vaccine. Many employees are using religious beliefs versus altering the body and preventative medication as a justification to not get the vaccination. Companies that do not enable staff members to apply for religious exemptions, or decline their application might be charged by the employee with employment discrimination on the basis of faiths. However, there are particular requirements for staff members to present evidence that it is a regards held belief. [101]

Members of the Communist Party

Title VII of the Civil Rights Act of 1964 clearly allows discrimination versus members of the Communist Party.

Military

The armed force has dealt with criticism for forbiding women from serving in battle roles. In 2016, however, the law was changed to allow them to serve. [102] [103] [104] In the short article published on the PBS website, Henry Louis Gates Jr. blogs about the way in which black men were treated in the military throughout the 1940s. According to Gates, during that time the whites offered the African Americans an opportunity to prove themselves as Americans by having them take part in the war. The National Geographic website states, however, that when black soldiers joined the Navy, they were just permitted to work as servants; their participation was restricted to the roles of mess attendants, stewards, and cooks. Even when African Americans desired to defend the nation they lived in, they were rejected the power to do so.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) secures the task rights of individuals who willingly or involuntarily leave employment positions to undertake military service or specific types of service in the National Disaster Medical System. [105] The law also prohibits companies from discriminating against staff members for past or present involvement or membership in the uniformed services. [105] Policies that give preference to veterans versus non-veterans has been alleged to impose systemic disparate treatment of females since there is a large underrepresentation of women in the uniformed services. [106] The court has actually declined this claim due to the fact that there was no prejudiced intent towards females in this veteran friendly policy. [106]

Unintentional discrimination

Employment practices that do not straight discriminate against a safeguarded classification might still be prohibited if they produce a disparate influence on members of a protected group. Title VII of the Civil Rights Act of 1964 restricts employment practices that have an inequitable impact, unless they belong to job performance.

The Act needs the elimination of synthetic, approximate, and unnecessary barriers to employment that run invidiously to discriminate on the basis of race, and, if, as here, a work practice that runs to omit Negroes can not be shown to be related to task performance, it is restricted, regardless of the employer's lack of prejudiced intent. [107]

Height and weight requirements have been recognized by the EEOC as having a diverse impact on national origin minorities. [108]

When preventing a disparate effect claim that declares age discrimination, a company, however, does not require to show necessity; rather, it needs to simply reveal that its practice is reasonable. [citation required]

Enforcing entities

The Equal Job Opportunity Commission (EEOC) interprets and implements the Equal Pay Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Title I and V of the Americans With Disabilities Act, Sections 501 and 505 of the Rehabilitation Act, and the Civil Rights Act of 1991. [109] The Commission was established by the Civil Rights Act of 1964. [110] Its enforcement provisions are included in area 2000e-5 of Title 42, [111] and its regulations and standards are consisted of in Title 29 of the Code of Federal Regulations, part 1614. [112] Persons wishing to file suit under Title VII and/or the ADA need to tire their administrative treatments by filing an administrative problem with the EEOC prior to submitting their lawsuit in court. [113]

The Office of Federal Contract Compliance Programs enforces Section 503 of the Rehabilitation Act, which restricts discrimination versus certified people with specials needs by federal professionals and subcontractors. [114]

Under Section 504 of the Rehabilitation Act, each agency has and implements its own policies that use to its own programs and to any entities that get financial assistance. [16]

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) implements the anti-discrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which restricts discrimination based on citizenship status or nationwide origin. [115]

State Fair Employment Practices (FEP) offices play the EEOC in administering state statutes. [113]

Employment Non-Discrimination Act
LGBT work discrimination in the United States
Employment discrimination against individuals with rap sheets in the United States
Racial wage space in the United States
Gender pay gap in the United States
Criticism of credit scoring systems in the United States


References

^ a b c d e "Title VII of the Civil Liberty Act of 1964". US EEOC. Archived from the initial on December 20, 2023. Retrieved December 26, 2023.
^ a b "The Equal Pay Act of 1963". Archived from the initial on April 5, 2020. Retrieved December 26, 2023.
^ Bostock v. Clayton County, 590 U.S. ___ (2020 ).
^ a b "Pregnancy Discrimination Act". Archived from the initial on May 12, 2009. Retrieved June 18, 2009.
^ a b "Americans with Disabilities Act of 1990, As Amended". ADA.gov. Archived from the original on December 20, 2023. Retrieved December 26, 2023.
^ "Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS". Archived from the original on July 22, 2009. Retrieved July 21, 2009.
^ a b "The Age Discrimination in Employment Act of 1967". Archived from the initial on December 13, 2019. Retrieved December 26, 2023.
^ "USERRA - Uniformed Services Employment and Reemployment Rights Act". DOL. Archived from the initial on December 11, 2023. Retrieved December 26, 2023.
^ a b 11 U.S.C. § 525
^ a b "Genetic Information Nondiscrimination Act of 2008" (PDF). gpo.gov. May 21, 2008. Archived (PDF) from the original on November 6, 2018. Retrieved January 6, 2015.
^ 8 U.S.C. § 1324b
^ a b Blankenship, Kim M (1993 ). "Bringing Gender and Race in: U.S. Employment Discrimination Policy". Gender and Society. 7 (2 ): 204-226. doi:10.1177/ 089124393007002004. JSTOR 189578. S2CID 144175260.
^ "Family and Medical Leave Act". Archived from the initial on June 18, 2009. Retrieved June 18, 2009.
^ a b Rozmarin, George C (1980 ). "Employment Discrimination Laws and Their Application". Law Notes for the General Practitioner. 16 (1 ): 25-29. JSTOR 44066330.
^ Neumark, D (2003 ). "Age discrimination legislations in the United States" (PDF). Contemporary Economic Policy. 21 (3 ): 297-317. doi:10.1093/ cep/byg012. S2CID 38171380. Archived (PDF) from the initial on June 2, 2018. Retrieved December 26, 2023.
^ a b c d "Guide to Disability Rights Laws". ADA.gov. December 20, 2023. Archived from the initial on November 14, 2023. Retrieved December 26, 2023.
^ "30 USC Sec. 938". Archived from the initial on June 7, 2011. Retrieved July 21, 2009.
^ "Summary of Immigration Reform and Control Act of 1986". Archived from the initial on May 6, 2013. Retrieved August 14, 2021.
^ "42 U.S. Code § 1981 - Equal rights under the law". LII/ Legal Information Institute. Archived from the initial on December 16, 2023. Retrieved December 26, 2023.
^ "42 U.S. Code § 1981a - Damages in cases of intentional discrimination in work". LII/ Legal Information Institute. Archived from the initial on November 27, 2023. Retrieved December 26, 2023.
^ "Employment Non-Discrimination Act (ENDA)". Archived from the initial on June 17, 2009. Retrieved June 18, 2009.
^ Tilcsik, András (January 1, 2011). "Pride and Prejudice: Employment Discrimination versus Openly Gay Men in the United States". American Journal of Sociology. 117 (2 ): 586-626. doi:10.1086/ 661653. hdl:1807/ 34998. JSTOR 10.1086/ 661653. PMID 22268247. S2CID 23542996. Archived from the initial on December 26, 2023. Retrieved December 26, 2023.
^ "In Landmark Ruling, Feds Add Transgendered to Anti-Discrimination Law:: EDGE Boston, MA". Edgeboston.com. April 25, 2012. Archived from the initial on April 15, 2019. Retrieved July 17, 2015.
^ Carpenter, Dale (December 14, 2012). "Anti-gay discrimination is sex discrimination, says the EEOC". The Washington Post. Archived from the original on April 15, 2019. Retrieved July 17, 2015.
^ Tatectate, Curtis. "EEOC: Federal law prohibits work environment predisposition versus gays, lesbians, bisexuals|Miami Herald Miami Herald". Miamiherald.com. Archived from the original on April 28, 2019. Retrieved July 17, 2015.
^ Burns, Crosby; Krehely, Jeff (June 2, 2011). "Gay and Transgender People Face High Rates of Workplace Discrimination and Harassment". Center for American Progress. Archived from the original on November 26, 2019. Retrieved March 1, 2015.
^ "Sexual Preference Discrimination in the Workplace". FindLaw. Archived from the original on May 7, 2021. Retrieved March 1, 2015.
^ Lowndes, Coleman; Maza, Carlos (September 23, 2014). "The Top Five Myths About LGBT Non-Discrimination Laws Debunked". Media Matters for America. Archived from the initial on June 17, 2019. Retrieved March 1, 2015.
^ "Code of Alabama 25-1-21". Archived from the original on July 23, 2011. Retrieved July 27, 2009.
^ a b c "Alaska Statutes: AS 18.80.220. Unlawful Employment Practices; Exception". touchngo.com. Archived from the original on December 6, 2022. Retrieved December 26, 2023.
^ a b c d e f "Fair Employment and Housing Act (FEHA)". California Department of Fair Employment and Housing. CA.gov. 2010. Archived from the original on September 9, 2016. Retrieved September 9, 2016.
^ a b "Colorado Civil Rights Division 2008 Statutes" (PDF). Archived (PDF) from the initial on May 21, 2009. Retrieved December 26, 2023.
^ a b "Chapter 814c Sec. 46a-60". Archived from the original on October 17, 2009. Retrieved July 27, 2009.
^ a b "Delaware Code Online". delcode.delaware.gov. Archived from the original on December 26, 2023. Retrieved December 26, 2023.
^ a b c d e "District of Columbia Human Rights Act of 1977; Prohibited Acts of Discrimination" (PDF). Archived from the initial (PDF) on July 23, 2009. Retrieved August 8, 2019. ^ "District of Columbia Human Rights Act of 1977; Table of Contents, General Provisions" (PDF). Archived from the initial (PDF) on July 30, 2009. Retrieved July 27, 2009.
^ a b "Statutes & Constitution: View Statutes:-> 2008-> Ch0760-> Section 10: Online Sunshine". www.leg.state.fl.us. Archived from the initial on December 26, 2023. Retrieved December 26, 2023.
^ "Georgia Fair Employment Practices Act". Archived from the original on January 29, 2010. Retrieved July 27, 2009.
^ a b "Hawaii Rev Statutes 378-2". Archived from the initial on August 14, 2009. Retrieved December 26, 2023.
^ "Idaho Commission on Human Rights: Age Discrimination"". Archived from the initial on February 21, 2018. Retrieved December 26, 2023.
^ a b c "Illinois Human Rights Act". Archived from the initial on April 20, 2023. Retrieved December 26, 2023.
^ a b "Indiana General Assembly". iga.in.gov. Archived from the original on December 25, 2023. Retrieved December 26, 2023.
^ "Iowa Code 216.6". Archived from the original on December 26, 2023. Retrieved December 26, 2023.
^ "Kansas Age Discrimination in Employment Act" (PDF). Archived (PDF) from the original on October 6, 2008. Retrieved December 26, 2023.
^ a b "Kentucky Revised Statutes 344.040" (PDF). Archived from the original (PDF) on October 8, 2009.
^ "Louisiana Revised Statutes 23:352". Archived from the original on May 9, 2012. Retrieved December 26, 2023.
^ "Louisiana Revised Statutes 23:312". Archived from the original on May 9, 2012. Retrieved December 26, 2023.
^ "Louisiana Revised Statutes 23:311". Archived from the initial on May 9, 2012. Retrieved December 26, 2023.
^ "Title 5, Chapter 337: HUMAN RIGHTS ACT". www.mainelegislature.org. Archived from the original on February 28, 2023. Retrieved December 26, 2023.
^ a b "Annotated Code of Maryland 49B.16". Archived from the initial on September 29, 2011. Retrieved December 26, 2023.
^ "M.G.L. 151B § 4". Archived from the initial on July 7, 2010. Retrieved December 26, 2023.
^ "M.G.L 151B § 1". Archived from the initial on June 4, 2010. Retrieved December 26, 2023.
^ a b c "Elliott-Larsen Civil Rights Act" (PDF). Archived (PDF) from the original on December 26, 2014. Retrieved December 26, 2023.
^ a b c "Minnesota Statutes, area 363A.08". Archived from the original on September 6, 2015. Retrieved December 26, 2023.
^ " § 213.055 R.S.Mo". Archived from the original on May 23, 2009. Retrieved December 26, 2023.
^ a b "Montana Code Annotated 49-2-303". Archived from the original on September 1, 2009. Retrieved July 27, 2009.
^ a b "Nebraska Fair Employment Practices Act". Archived from the initial on November 26, 2009. Retrieved July 27, 2009.
^ a b "NRS: CHAPTER 613 - EMPLOYMENT PRACTICES". www.leg.state.nv.us. Archived from the original on December 24, 2023. Retrieved December 26, 2023.
^ a b "Section 354-A:7 Unlawful Discriminatory Practices". Archived from the original on January 2, 2009. Retrieved December 26, 2023.
^ a b c d "New Jersey Law Against Discrimination (N.J.S.A. 10:5 -12)".
^ a b c "2006 New Mexico Statutes - Section 28-1-7 - Unlawful inequitable practice". Justia Law. Archived from the original on September 28, 2023. Retrieved December 26, 2023.
^ a b c "New York State Executive Law, Article 15, Section 296". Archived from the initial on October 4, 2011. Retrieved July 27, 2009.
^ a b "New york city Labor Law Section 201-D - Discrimination against the engagement in specific activities. - New York Attorney Resources - New York Laws". law.onecle.com. Archived from the initial on April 19, 2023. Retrieved December 26, 2023.
^ " § 95-28". www.ncleg.net. Archived from the original on April 19, 2023. Retrieved December 26, 2023.
^ " § 95-28". www.ncleg.net. Archived from the initial on December 15, 2023. Retrieved December 26, 2023.
^ a b c d "North Dakota Human Rights Act" (PDF). Archived from the initial (PDF) on July 18, 2009. Retrieved July 27, 2009.
^ "2006 Ohio Revised Code -:: 4112. Civil Rights Commission". Justia Law. Archived from the original on March 9, 2016. Retrieved December 26, 2023.
^ "Oklahoma Attorney General Of The United States|". www.oag.ok.gov. Archived from the original on December 19, 2023. Retrieved December 26, 2023.
^ a b c "Oregon Revised Statutes, Chapter 659A". Archived from the initial on August 16, 2023. Retrieved October 17, 2019.
^ "Laws Administered by the Pennsylvania Human Rights Commission" (PDF). [permanent dead link] ^ "State of Rhode Island General Assembly". www.rilegislature.gov. Archived from the initial on October 14, 2023. Retrieved December 26, 2023.
^ "South Carolina Human Affairs Law". Archived from the initial on May 6, 2009. Retrieved July 27, 2009.
^ "Tennessee State Government - TN.gov". www.tn.gov. Archived from the original on December 25, 2023. Retrieved December 26, 2023.
^ "LABOR CODE CHAPTER 21. EMPLOYMENT DISCRIMINATION". statutes.capitol.texas.gov. Archived from the initial on September 25, 2023. Retrieved December 26, 2023.
^ "Utah Code 34A-5-106". Archived from the original on July 21, 2009. Retrieved December 26, 2023.
^ a b "Vermont Fair Employment Practices Act" (PDF). Archived from the original (PDF) on June 1, 2009. Retrieved July 27, 2009.
^ "Virginia Human Rights Act". Archived from the original on December 26, 2023. Retrieved December 26, 2023.
^ a b "RCW 49.60.180: Unfair practices of companies". apps.leg.wa.gov. Archived from the initial on November 29, 2023. Retrieved December 26, 2023.
^ "RCW 49.60.172: Unfair practices with regard to HIV or hepatitis C infection". apps.leg.wa.gov. Archived from the original on April 19, 2023. Retrieved December 26, 2023.
^ "RCW 49.60.174: Evaluation of claim of discrimination-Actual or perceived HIV or hepatitis C infection". apps.leg.wa.gov. Archived from the initial on April 20, 2023. Retrieved December 26, 2023.
^ "RCW 49.44.090: Unfair practices in employment because of age of worker or applicant-Exceptions". apps.leg.wa.gov. Archived from the initial on April 19, 2023. Retrieved December 26, 2023.
^ "State of West Virginia" (PDF). Archived (PDF) from the initial on February 16, 2012. Retrieved December 26, 2023.
^ a b c d "Wisconsin Statutes Table of Contents". docs.legis.wisconsin.gov. Archived from the original on November 3, 2023. Retrieved December 26, 2023.
^ Wyoming Code 27-9-105 [irreversible dead link] ^ "22 Guam Code Ann. Chapter 3" (PDF). Archived from the original (PDF) on July 19, 2011. Retrieved July 29, 2009.
^ "22 Guam Code Ann. Chapter 5" (PDF). Archived from the initial (PDF) on July 19, 2011. Retrieved July 29, 2009.
^ a b "Puerto Rico Laws 29-I-7-146". Archived from the initial on February 20, 2012. Retrieved December 26, 2023.
^ "Puerto Rico Laws PR 29-I-7-151". Archived from the original on February 20, 2012. Retrieved December 26, 2023.
^ "Virgin Islands Code on Employment Discrimination § 451". Archived from the original on February 16, 2012. Retrieved December 26, 2023.
^ "LABOR CODE CHAPTER 22. EMPLOYMENT DISCRIMINATION FOR TAKING PART IN EMERGENCY EVACUATION". statutes.capitol.texas.gov. Archived from the original on June 29, 2023. Retrieved December 26, 2023.
^ "Addressing Sexual Orientation Discrimination In Federal Civilian Employment: A Guide to Employee's Rights". Archived from the original on January 14, 2007.
^ Rutenberg, Jim (June 24, 2009). "New Protections for Transgender Federal Workers (Published 2009)". The New York City Times. Archived from the initial on April 20, 2023.
^ a b "Federal Employee Speech & the First Amendment|ACLU of DC". www.acludc.org. November 9, 2017. Archived from the original on September 21, 2023. Retrieved April 14, 2023.
^ "Justice Department Announces Findings of Two Civil Rights Investigations in Ferguson, Missouri". www.justice.gov. March 4, 2015. Archived from the initial on August 12, 2023. Retrieved April 14, 2023.
^ a b c "When is it legal for an employer to discriminate in their working with practices based on an Authentic Occupation Qualification?". University of Cincinnati Law Review Blog. April 27, 2016. Archived from the initial on April 18, 2023. Retrieved April 14, 2023.
^ a b c "CM-625 Bona Fide Occupational Qualifications". US EEOC. January 2, 1982. Archived from the original on December 12, 2023. Retrieved April 14, 2023.
^ a b "United Automobile Workers v. Controls, 499 U.S. 187 (1991 )". Justia Law. Archived from the original on December 18, 2023. Retrieved April 14, 2023.
^ "Dothard v. Rawlinson, 433 U.S. 321 (1977 )". Justia Law. Archived from the original on December 18, 2023. Retrieved April 14, 2023.
^ "Religious Discrimination - Workplace Fairness". www.workplacefairness.org. Archived from the initial on November 12, 2023. Retrieved August 20, 2019.
^ "Questions and Answers about Religious Discrimination in the Workplace". www.eeoc.gov. January 31, 2011. Archived from the original on March 5, 2020. Retrieved August 20, 2019.
^ "Sincerely Held or Suddenly Held Religious Exemptions to Vaccination?". www.americanbar.org. Archived from the initial on December 19, 2023. Retrieved April 14, 2023.
^ Thom Patterson (November 10, 2016). "Prepare yourself for more US females in battle". CNN. Archived from the initial on April 19, 2023. Retrieved August 20, 2019.
^ http://www.militaryaerospace.com/blogs/mil-aero-blog/2012/12/conspicuous-gallantry-doris-miller-at-pearl-harbor-was-one-of-world-war-ii-s-first-heroes.html Archived May 30, 2023, at the Wayback Machine [1] ^ Gates, Henry Louis; Root, Jr|Originally posted on The (January 14, 2013). "Segregation in the Army During The Second World War|African American History Blog". The African Americans: Many Rivers to Cross. Archived from the initial on June 21, 2020. Retrieved August 20, 2019.
^ a b "USERRA - Uniformed Services Employment and Reemployment Rights Act". DOL. Archived from the initial on December 11, 2023. Retrieved April 14, 2023.
^ a b "Personnel Adm'r of Massachusetts v. Feeney, 442 U.S. 256 (1979 )". Justia Law. Archived from the initial on December 18, 2023. Retrieved April 14, 2023.
^ "FindLaw's United States Supreme Court case and opinions". Findlaw. Archived from the original on August 25, 2019. Retrieved August 20, 2019.
^ "Shaping Employment Discrimination Law". Archived from the initial on May 11, 2009. Retrieved July 28, 2009.
^ "Federal Equal Employment Opportunity (EEO) Laws". Archived from the initial on August 6, 2009. Retrieved July 28, 2009.
^ "Pre 1965: Events Causing the Creation of EEOC". Archived from the initial on August 26, 2009. Retrieved July 28, 2009.
^ "42 U.S. Code § 2000e-5 - Enforcement provisions". LII/ Legal Information Institute. Archived from the initial on November 1, 2019. Retrieved December 26, 2023.
^ "PART 1614-- FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY". Archived from the initial on July 27, 2009. Retrieved July 28, 2009.
^ a b "Filing a Charge of Employment Discrimination". Archived from the original on August 12, 2009. Retrieved July 28, 2009.
^ "The Rehabilitation Act of 1973, Section 503". Archived from the original on August 2, 2009. Retrieved August 1, 2009.
^ "An Overview of the Office of Special Counsel for Immigration-Related Unfair Employment Practices". Archived from the initial on May 31, 2009. Retrieved July 30, 2009.
External links

Directory of state labor departments, from the U.S. Department of Labor
Disability Discrimination, by the U.S. Equal Job Opportunity Commission
Sex-Based Discrimination, by the U.S. Equal Job Opportunity Commission
Your Rights At Work (Connecticut).
- Barnes, Patricia G., (2014 ), Betrayed: The Legalization of Age Discrimination in the Workplace. The author, a lawyer and judge, argues that the U.S. Age Discrimination in Employment Act of 1967 stops working to safeguard older workers. Weak to begin with, she states that the ADEA has been eviscerated by the U.S. Supreme Court.
- Tweedy, Ann E. and Karen Yescavage, Employment Discrimination Against Bisexuals: An Empirical Study, 21 Wm. & Mary J. Women & L.