What was the first US law concerning employment discrimination?
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Equal employment opportunity is equal opportunity in employment. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United States employees from discrimination. The law was the first federal law designed to protect most US employees from employment discrimination based upon that employee's (or applicant's) race, color, religion, sex, or national origin (Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq.). Employment discrimination entails areas such as firing, hiring, promotions, transfer or wage practices and it is also illegal to discriminate in advertising, referral of job applicants, or classification. The Title is pertinent in companies affecting commerce that have fifteen or more employees. The Equal Employment Opportunity Commission (EEOC) is section 705 of the title.
Equal employment opportunity
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The Civil Rights Act of 1964 was the first major development in anti-discrimination law in the US, though prior civil rights legislation (such as the Civil Rights Act of 1957) addressed some forms of discrimination, the Civil Rights Act of 1964 was much broader, providing protections for race, color, religion, sex, or national origin in the areas of voting, education, employment, and public accommodations. This landmark legislation led the way for other federal legislation, which expanded upon the protected classes and forms of discrimination prohibited under federal legislation, such as the Fair Housing Act or the Americans with Disabilities Act. These protections have also been expanded through the courts interpretation of these pieces of legislation. For example, the 7th and 2nd circuit courts have both ruled that employment discrimination based on sexual orientation is a violation of Title VII of the Civil Rights Act. In addition to federal legislation, there are numerous state and local laws that address discrimination that is not covered by these laws.
Anti-discrimination law
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Since the Civil Rights Act of 1964, all employing entities and labor unions have a duty to treat employees equally, without discrimination based on "race, color, religion, sex, or national origin." There are separate rules for sex discrimination in pay under the Equal Pay Act of 1963. Additional groups with "protected status" were added by the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. There is no federal law banning all sexual orientation or identity discrimination, but 22 states had passed laws by 2016. These equality laws generally prevent discrimination in hiring, terms of employment, and make discharge because of a protected characteristic unlawful. There is no federal law against unjust discharge, and most states also have no law with full protection against wrongful termination of employment. Collective agreements made by labor unions and some individual contracts require people are only discharged for a "just cause". The Worker Adjustment and Retraining Notification Act of 1988 requires employing entities give 60 days notice if more than 50 or one third of the workforce may lose their jobs. Federal law has aimed to reach full employment through monetary policy and spending on infrastructure. Trade policy has attempted to put labor rights in international agreements, to ensure open markets in a global economy do not undermine fair and full employment.
United States labor law
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The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a US labor law that forbids employment discrimination against anyone at least 40 years of age in the United States (see ). In 1967, the bill was signed into law by President Lyndon B. Johnson. The ADEA prevents age discrimination and provides equal employment opportunity under conditions that were not explicitly covered in Title VII of the Civil Rights Act of 1964. It also applies to the standards for pensions and benefits provided by employers, and requires that information concerning the needs of older workers be provided to the general public.
Age Discrimination in Employment Act of 1967
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The common law has not traditionally provided effective protection against discrimination, refusing to find that slavery in the colonies was contrary to public policy and not interpreting the word "person" to include women. Due to the inadequacies of the common law in this area, Parliament enacted the Race Relations Act 1965 and Race Relations Act 1968. The Sex Discrimination Act 1975 was the first legislation to protect against discrimination on the grounds of sex or marital status, while dismissal for pregnancy-related reasons is qualified as automatically unfair dismissal under the Employment Rights Act 1996. The principle of equal pay was brought in under the Equal Pay Act 1970. Racial discrimination was prohibited by the Race Relations Act 1976 and disability discrimination by the Disability Discrimination Act 1995. Discrimination on the grounds of religion and belief in the workplace and tertiary education was first regulated by the Employment Equality (Religion or Belief) Regulations 2003, sexual orientation discrimination in the workplace by the Employment Equality (Sexual Orientation) Regulations 2003 and age discrimination in employment by the Employment Equality (Age) Regulations 2006.
Human rights in the United Kingdom
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Currently, legislation pertaining to the use of genetic information and genetic discrimination at the state level varies by state. The first state laws regarding genetic information were typically designed to prohibit genetic discrimination, including prohibiting employers from demanding workers and applicants to provide genetic information as a condition of their employment. More recent laws have permitted individuals to undergo genetic testing when that individual is filing a compensation claim or has requested the test to demonstrate susceptibility to potentially toxic substances.
Genetic policy in the United States
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Since the US Declaration of Independence in 1776 proclaimed that "all men are created equal", the Constitution was progressively amended, and legislation was written, to spread equal rights to all people. While the right to vote was needed for true political participation, the "right to work" and "free choice of employment" came to be seen as necessary for "life, liberty and the pursuit of happiness". After state laws experimented, President Franklin D. Roosevelt's Executive Order 8802 in 1941 set up the Fair Employment Practice Committee to ban discrimination by "race, creed, color or national origin" in the defense industry. The first comprehensive statutes were the Equal Pay Act of 1963, to limit discrimination by employers between men and women, and the Civil Rights Act of 1964, to stop discrimination based on "race, color, religion, sex, or national origin." In the following years, more "protected characteristics" were added by state and federal acts. The Age Discrimination in Employment Act of 1967 protects people over age 40. The Americans with Disabilities Act of 1990 requires "reasonable accommodation" to include people with disabilities in the workforce. Twenty two state Acts protect people based on sexual orientation in public and private employment, but proposed federal laws have been blocked by Republican opposition. There can be no detriment to union members, or people who have served in the military. In principle, states may require rights and remedies for employees that go beyond the federal minimum. Federal law has multiple exceptions, but generally requires no disparate treatment by employing entities, no disparate impact of formally neutral measures, and enables employers to voluntarily take affirmative action favoring under-represented people in their workforce. The law has not, however, succeeded in eliminating the disparities in income by race, health, age or socio-economic background.
United States labor law
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Employment discrimination law in the United States derives from the common law, and is codified in numerous state and federal laws, particularly the Civil Rights Act of 1964, as well as in the ordinances of counties and municipalities. These laws prohibit discrimination based on certain characteristics or protected categories. The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Employment discrimination law in the United States
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At the 1966 meeting of commissions in Washington, several of the attendees began talking with each other about their frustrations with the Equal Employment Opportunity Commission's (EEOC) failure to enforce the provision barring sex discrimination in employment. Howard W. Smith (Virginia) had added "sex" into the employment provision (Title VII) of the 1964 Civil Rights Act at the request of the Virginia branch of the National Woman's party so that white women would be protected by the Civil Rights Act. Smith, a long-time supporter of the Equal Rights Amendment, noted in his campaign literature in November 1964 that he was responsible for this amendment. The Act passed into law without additional floor debate. For the first time, the United States had a law against all sex discrimination in private employment.
Presidential Commission on the Status of Women
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The Civil Rights Act of 1991 is a United States labor law, passed in response to United States Supreme Court decisions that limited the rights of employees who had sued their employers for discrimination. The Act represented the first effort since the passage of the Civil Rights Act of 1964 to modify some of the basic procedural and substantive rights provided by federal law in employment discrimination cases. It provided the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages and limited the amount that a jury could award.
Civil Rights Act of 1991