Federal Job Discrimination Laws and Employment Discrimination Protections

Employment Discrimination Protections in the United States Constitution The U.S. Constitution prohibits job discrimination by federal, state, or local government. Federal employment discrimination laws prohibit employers from discriminating based on race, sex, religion, national origin, physical disability, or age. The laws protect workers from unlawful discrimination, bias, or prejudice, in the following areas of employment:

• Hiring
• Harassment
• Promotion
• Job assignment
• Termination
• Compensation

The Fifth Amendment to the Constitution states that the federal government may not deprive an individual of life, liberty, or property, without due process of law. It also assures each person of the right to equal protection under the law.

The Fourteenth Amendment to the Constitution explicitly prohibits states from violating an individual's right to due process and equal protection. In employment, the right to due process requires a government employer to provide a fair procedural process, before deciding to fire a worker, if the termination relates to a "liberty interest" (like the right to free speech) or a "property interest" (like the right to retain a position, if dismissal or demotion is only allowed for "just cause".)

The right to equal protection prevents state and local governments from discriminating, by treating employees, former employees, or job applicants unequally, because of membership in a protected group (such as race or sex).

Federal Statutes Federal laws prohibit various types of discrimination in private sector employment.

The Equal Pay Act prohibits the establishment of different wage rates for the same tasks, based on the gender of the employees. This law requires that workers doing jobs involving "equal skill, effort, and responsibility and performed under similar working conditions," must be provided equal pay.

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination in many more aspects of the employment relationship. An employer may not treat workers differently, based on race, color, religion, national origin, or sex (including pregnancy, childbirth, or related medical conditions). Title VII prohibits discrimination in hiring, termination, discipline, compensation, or terms, conditions, and privileges of employment. Employment agencies cannot discriminate in hiring or referring job applicants. Labor organizations may not base membership, classification, or other union privileges, on race, color, religion, sex, or national origin.

The Federal Civil Rights Act of 1991 provides a worker with the right to file a lawsuit against his or her employer, and seek financial compensation for having suffered job discrimination.

The Age Discrimination in Employment Act (ADEA) prevents an employer from discriminating, based on the age of a worker who is 40 years or older. The prohibited practices are nearly the same as those outlawed in Title VII. The ADEA explicitly applies to pension, retirement, and benefit plans.

The Americans with Disabilities Act (ADA) prevents an employer from discriminating against an individual, because of his or her disability. In addition, the law requires that an employer make certain accommodations in the workplace for a person with a disability, who is otherwise qualified and eligible to do the job.

The Purpose of the Rehabilitation Act is to "promote and expand employment opportunities in the public and private sectors for handicapped individuals," through elimination of discrimination and through affirmative action. This law applies to federal government agencies, contractors, and other programs receiving federal financial assistance.

The Federal Equal Opportunity Employment Commission (EEOC) interprets and enforces the Equal Pay Act, Age Discrimination in Employment Act, Title VII, Americans With Disabilities Act, and sections of the Rehabilitation Act. The agency's enforcement powers are in section 2000e-5 of Title 42 of the United States Code, and its regulations and guidelines are in Title 29 of the Code of Federal Regulations, part 1614.

For victims of job discrimination, both federal and state laws provide protections, rights, and remedies. If the employer is a government agency or the government took significant steps to foster the discriminatory practice of a private employer, the U.S. Constitution, may protect the worker.

Unfortunately, an act of unlawful discrimination may be only the beginning of the emotional and financial hardships for the employment discrimination victim and his or her family. While struggling to cope with job discrimination, a victim may not realize that time is running out to protect his or her rights. Do not make this mistake. Employment discrimination laws are complex. If you or a loved one has experienced employment discrimination, it is important to talk with an employment discrimination lawyer with federal employment law experience.