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Discrimination
View AllEqual Pay Act Enacted Fifty Years Ago
Date: June 10, 2013 | Category: DiscriminationToday marks the 50th anniversary of the Equal Pay Act ("EPA") signed into law by President John F. Kennedy. The Equal Pay Act of 1963 is a federal law amending the Fair Labor Standards Act. The provides that no employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which employees of the opposite se are paid, to which the performance of the work requires equal skill, effort, and responsibility and performed under similar working conditions. Although the EPA was enacted out of "concern for the weaker bargaining position of women," the Act protects both men and women. To establish a violation of the EPA,..
Responding to a Charge of Discrimination
Date: November 4, 2012 | Category: DiscriminationIf an employee believes that he or she has been discriminated against at work, they can file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). An employee is required to file this Charge with the EEOC prior to initiating a federal discrimination lawsuit. If you, as an employer, have received a Charge of Discrimination from the EEOC, you must act quick. The Charge of Discrimination typically sets out the employee's allegations of discrimination or retaliation – what happened, who participated, etc. The employer then has a strict deadline to respond to the EEOC with their side of the story. The employer..
Obesity as a Disability?
Date: September 6, 2012 | Category: DiscriminationThe 2008 Amendment to the Americans with Disabilities Act (“ADA”) have greatly changed the legal definition of what constitutes a “disability.” With the passing of the 2008 amendment, the definition of disability may now be construed broadly, giving a wider scope of protection to employees. Even prior to the amendment, some courts held that obesity could qualify as a physical or mental impairment, if it was caused by a physiological disorder. Now, obesity may be considered a disability even if it was not caused by a physiological disorder. See
Are you required to provide past arrest information?
Date: April 25, 2012 | Category: DiscriminationTitle VII does not prohibit an employer from requiring applicants or
employees to provide this type of information. The EEOC today issued an
updated Enforcement Guidance on employer use of arrest and conviction
records in employment decisions under Title VII. An arrest record standing alone
may not be used to deny an employment..EEOC Rules Transgender Status Protected by Title VII
Date: April 20, 2012 | Category: DiscriminationThe EEOC held today, in Macy v. Holder (April 20, 2012), that discrimination based on gender identity, change of sex, and/or transgender status is discrimination on the basis of sex, is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. section 2000 et seq. The complainant, Mia Macy, is a transgender woman who worked as a police detective in Phoenix, Arizona. In December 2010, Macy applied for an opening within the Bureau of Alcohol, Tobacco, Firearms and Explosives Agency at a crime..
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