Workplace Discrimination Prevention

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Employees are protected from any form of discrimination at work on the basis of age or gender. There are several laws and acts that protect US employees from workplace gender discrimination and workplace age discrimination, as well as many other types. In the past few years, there has been an effort towards workplace discrimination prevention. With the passage of the ADEA or Age Discrimination in Employment Act, meant to prevent Age Discrimination at Work, we are moving towards equalizing opportunity. Another issue is gender discrimination at work and equal pay. The EEOC and Department of Labor work to enforce these laws, and employers that violate them can be held liable for any damages caused.

Age Discrimination at Work

The Age Discrimination in Employment Act (ADEA) was enacted in 1967, and protects any employees over the age of 40 from discrimination based on age. The act covers both currently employed workers, as well as those applying for employment.

Age Discrimination In Employment Act (ADEA)

The ADEA protects workers from many forms of workplace discrimination, but how can an employee (or applicant) identify discrimination? The following are some examples that are explicitly covered by the ADEA:

  1. Promotions: Age cannot be a factor in promoting employees
  2. Hiring: Applicants over 40 are protected from age discrimination during the hiring process
  3. Firing and Layoffs: The ADEA protects older workers from being fired for any age related reasons
  4. All employees must enjoy the same benefits (There are some specifics with regard to the increased health insurance costs of older employees)
  5. Compensation
  6. Job Assignments and Training 

The above list are some of the more common types of age related workplace discrimination, but it is not comprehensive. 

Gender Discrimination at Work

As the modern employment market has evolved, women have proved to be equally able and successful in the workplace as men. Even so, discrimination based on gender or sex is still a common problem in US offices and worksites. Women (and men) are protected from this type of discrimination, or unfair/unequal treatment at work by the Civil Rights Act of 1964. Specifically, title VII of this act make it illegal for employers:

"(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or 

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin."

Equal Pay

In addition to the protection provided by the Civil Rights Act, the Equal Pay Act of 1963 provide additional protection with regards to compensation. Specifically it provides that men and women, working in the same capacity at the same place of employment shall be compensated equally. Even so, there continues to be a gap in pay between men and women. A Businessweek study concluded that in the US:

"One year out of college, women working full time earn 80% percent of what men earn. Ten years later, women earn 69% percent as much as men."

Any employee, man or woman, who feels they are being treated unequally with regards to pay or other employee benefits has the right to file a complaint to the EEOC or Department of Labor or consult an employment discrimination lawyer as this is a violation of employment discrimination laws.

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