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Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects workers and plaintiffs from discrimination on the basis of race, color, religion, sex, and national origin. The protection provided for in Title VII covers all employment decisions, including recruitment, selection, dismissal and other decisions relating to working conditions. See EEOC guidelines on race, religion, gender, sexual harassment, pregnancy, and discrimination based on national origin. Several different federal agencies deal with questions or complaints about workplace issues, depending on the nature of the problem: Youth employment laws help protect young workers in the workplace and discourage work from interfering with school. They can also protect young people from discrimination in the workplace. The administration and enforcement of these laws are carried out by the Department of Wages and Hours of Work. The Office of Federal Contract Compliance Programs administers and enforces three federal contract-based civil rights laws that require most federal contractors and subcontractors, as well as state-backed contractors, to provide equal employment opportunities. The Civil Rights Center of the Office of the Assistant Secretary for Administration and Management administers and enforces several federal aid-based civil rights laws that require recipients of federal financial assistance from the Department of Labor to guarantee equal opportunity.
Under Title VII, it is illegal to discriminate in any aspect of employment, including: The Family and Medical Leave Act (FMLA) is a federal labor law that allows an eligible employee to take extended leave from work. The Wages and Hours Division also enforces the labor standards provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the United States. under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C, H2A). Elected union leaders negotiate specific employment issues, including: You can choose to sue if the EEOC can`t help you. In both cases, look for a lawyer who specializes in employment law. You can check with: The executive order also requires federal contractors to take positive steps to ensure equal opportunity in all aspects of their employment. Positive or positive measures must be taken by the employers concerned to recruit and promote minorities and qualified women for jobs where they are underutilized in relation to their availability. Affirmative action includes training programs, public relations and other positive measures. These procedures should be included in the federal contractor`s written personnel policy.
Federal contractors who have written grant programs must implement, preserve and update them annually. Rehabilitation Act, 1973. Sections 501 and 505 of the Rehabilitation Act, as amended, protect workers and applicants from discrimination on the basis of disability. This law applies to skilled workers and candidates with disabilities. It also requires federal organizations to make reasonable accommodations for known disabilities, unless such accommodations would cause undue hardship. See the EEOC Guidelines on Discrimination Against Persons with Disabilities. Many state and local governments have their own anti-discrimination laws. These laws may provide additional protections beyond federal laws. The Civil Rights Act of 1964 marked a turning point for social justice in America, particularly in employment. Title VII of the law prohibits companies from discriminating on the basis of “race, color, religion, sex or national origin.” Some 45 years later, the Lilly Ledbetter Pay Equity Act of 2009 further strengthened workplace rights and prohibited wage discrimination against women and minorities. The Fair Labour Standards Act (FLSA) exempts agricultural workers from overtime premiums, but requires minimum wage payments to workers employed on large farms (operations with more than seven full-time employees). The Act contains special regulations on child labour that apply to agricultural employment; Children under the age of 16 are prohibited from working during school hours and in certain occupations deemed too dangerous.
Children employed on their family`s farms are exempt from these regulations. The Department of Wages and Hours of Work administers this law. OSHA also has specific safety and health standards that may apply to farms. Most labor and safety laws, as well as many environmental laws, require whistleblower protection for employees who complain of violations of the law by their employers. Corrective measures may include restoring employment and paying wage arrears. OSHA enforces whistleblower protection in most laws. The Employee Retirement Income Security Act (ERISA) regulates employers who provide pension or benefit plans to their employees. Title I of the ERISA is administered by the Employee Benefits Security Administration (EBSA) and imposes a wide range of fiduciary, disclosure and reporting obligations on pension and benefit plan trustees and other persons dealing with such plans. These provisions anticipate many similar state laws. Under Title IV, certain employers and plan administrators must fund an insurance plan to protect certain types of pension benefits, with premiums paid to the federal government`s Pension Benefit Guaranty Corporation. EBSA also administers reporting requirements for healthcare continuation required under the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA) and healthcare portability requirements for group plans under the Health Insurance Portability and Accountability Act (HIPAA). Federal laws protect dockers, dockers, miners and federal employees.
Contact your workers` compensation program for help making a claim. If you are an employer seeking information about the lawful termination of an employee, you should contact both the Equal Employment Opportunity Commission (EEOC) and your state employment office to ensure that you are not violating federal or state labor laws. You may want to contact a licensed attorney. Other laws, enforced by both the Office of Special Advocates (OSC) and the Merit Systems Protection Board (MSPB), protect federal employees from certain prohibited staffing practices. Pursuant to 5 U.S.C. ยง 2302(b), any employee authorized to take administrative action, instruct, take, recommend, or authorize other persons may not: The Mining Act makes mine operators responsible for the safety and health of miners; provides for the establishment of mandatory health and safety standards and sets out training requirements for minors; provides for penalties for infringements; and allows inspectors to close hazardous mines. Safety and health standards address a wide range of hazards, including roof collapses, flammable and explosive gases, fire, electricity, flashovers and equipment maintenance, air pollutants, noise and respirable dust. MSHA enforces safety and health requirements in approximately 13,000 mines, investigates mining accidents, and provides training, technical assistance and compliance assistance to mine operators.
There was a time when workers were at the mercy of their employers in terms of job security and benefits, not to mention hiring and promotions. However, a push for workers` rights gained momentum in the 20th century, resulting in a number of important labor protection laws that millions of Americans rely on today. The EEOC has the authority to investigate allegations of discrimination against employers covered by the Act. Our role in an investigation is to assess the allegations contained in the indictment fairly and accurately, and then to draw a conclusion. If we find discrimination, we will try to settle the charges. If we are unsuccessful, we have the power to sue to protect the rights of individuals and the interests of the public, and to litigate a small percentage of those cases.