Antidiscrimination

Roberts, L. M., 8c Roberts, D. D. (2007). Testing the limits of antidiscrimination law The business, legal, and ethical ramifications of cultural profiling at work. Duke Journal of Gender Law Policy, 14, 369-405. 

State antidiscrimination laws Individual states often possess laws addressing antidiscrimination issues. These state laws may be more restrictive than federal antidiscrimination laws. 

Disability or handicap antidiscrimination laws State laws may provide different or broader protections in the areas of handicap and/or disability than federal laws provide. 

Labor (which includes OSH A) and the Immigration and Naturalization Service, that also enforce antidiscrimination laws. ... 

The administration and enforcement of the ADEA is currently housed with the EEOC on the federal level. This has not always been the case. The ADEA was originally administered and enforced by the Wage and Hour Division of the U.S. Department of Labor, and the Fair Labor Standards Act structure and mechanisms were utilized. With the Reorganization Plan No. 1 in 1978, the Equal Employment Opportunity Commission was provided authority over the ADEA and established its own guidelines. However, the ADEA must still be enforced through the procedures established under the Fair Labor Standards Act rather than those of Title VII, with other similar federal antidiscrimination laws. ... 

Acquire an understanding of the historical underpinnings of antidiscrimination laws. 

Safety professionals should be aware that these antidiscrimination laws were often specifically focused on the workplace and are designed to keep the employer from making employment-related decisions that could disadvantage employees based on their race, sex, age, color, disability, or any of the other protected classes. Safety professionals should be aware that most issues of discrimination involve hiring, promotion, training, termination, demotion, layoffs, or other terms and conditions involved in the workplace, including safety issnes. 

Most antidiscrimination laws require anployers to possess at least... 

The primary federal agency charged with enforcing the antidiscrimination laws is... 

In order to defend against a claim of discrimination under Title VII, safety professionals must possess a thorough and complete understanding of the claims process as identified by the Equal Employment Opportunity Commission (EEOC). Although many states permit employees to proceed directly to state court for claims of discrimination utilizing individual state antidiscrimination laws, many claims are initiated at the federal level with the Equal Employment Opportunity Commission. 

Safety professionals should also be aware of the time limitations in which an employee or applicant can file a charge of discrimination. On the federal level with the EEOC, the time limitation is 180 days from the last date of discrimination. However, safety professionals should be aware that under many state antidiscrimination laws, employees or applicants can be provided 300 days from the date of discrimination to file the charge of discrimination. Charges of discrimination that have exceeded the time limitations are usually discharged. 

Under many antidiscrimination policies, a proscribed procedure for investigating all complaints is often developed. Some antidiscrimination policies describe the methods utilized in this investigation while other polices simply address the reporting... 

While the federal antidiscrimination laws don t require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call 1-866-487-9243. 

Other federal laws, safety professionals should be aware that there is a posting requirement for ADEA, and the EEOC is the governing federal agency. Again, as with the other federal antidiscrimination laws, safety professionals should be aware that many states also possess similar laws protecting older workers and many of these laws may offer more protection than the ADEA. 

In the area of workplace harassment or the prevention of a hostile work environment, safety professionals should be aware that what may be considered to be horseplay by some may be considered workplace harassment to others. The harassment is viewed through the eyes of the employee being harassed. Although most safety professionals do not permit any type of horseplay in their operations, it is important for safety professionals to be aware of other activities, such as name calling, practical jokes, and other similar activities that may also create a hostile work environment for an individual employee who is protected under the ADEA as well as other federal antidiscrimination laws. 

Of particular importance for safety professionals with medical responsibilities is the area of employment-related testing and screening. Safety professionals should take careful note of the various federal antidiscrimination laws, including the ADEA, which impact the post-offer employment and screening processes utilized by many companies and organizations to evaluate applicants and for internal promotion and evaluation purposes. Safety professionals should carefully analyze and assess... 

The use of tests and other selection procedures can be a very effective means of determining which applicants or employees are most qualified for a particular job. However, use of these tools can violate the federal antidiscrimination laws if an employer intentionally uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). Use of tests and other selection procedures can also violate the federal antidiscrimination laws if they disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law. 

This fact sheet provides technical assistance on some common issues relating to the federal antidiscrimination laws, and the use of tests and other selection procedures in the employment process. 

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