Discrimination

1. Discrimination

2. Basis of Discrimination • Sex • Race • Color • National Origin • Language • Religion • Disabilities • Age • Sexual Orientation • Appearance

3. The Law and Discrimination

4. Fair Labor Standards Act (FSLA) • Ensures fair treatment of employees by employers • Establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

5. Consolidated Omnibus Reconciliation Act of 1985 (COBRA) • COBRA protects employees who have ended their employment (whether fired, resigned, or laid off) from losing coverage under a group health plan. The Act requires employers to offer such employees the right to a continuation of coverage. • Note: COBRA applies only to employers with 20 or more employees.

6. Workers Compensation • Protects people who are injured on the job. • Designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. • Also provides benefits for dependents of those workers who are killed because of work-related accidents or illnesses.

7. Rehabilitation Act of 1973 • Prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. • Note: the standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

8. Medicare/Medicaid • Medicare is a federal program that provides health coverage if you are 65 or older or have a severe disability, no matter your income.  • Medicaid is a state and federal program that provides health coverage if you have a very low income.

9. Equal Pay Act of 1963 • United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see Gender pay gap). • Forbids separate pay scales for women and men • Note: It was signed into law on June 10, 1963, by John F. Kennedy

10. Civil Rights Act 1964 • Banned employment discrimination on the basis of race, color, religion, sex or national origin • It prohibited unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations.

11. Family Medical Leave Act (FMLA) • Employers must provide their employees with family leave. The Act allows for employees to take the equivalent of 12 weeks of unpaid leave each year due to the birth or adoption of a child, to attend to the "serious health condition" of an immediate family member, or to attend to their own "serious health condition.“ • After 12 weeks of unpaid leave, the employee be reinstated to the same job (or an equivalent job if the original position is no longer available). • A “serious health condition” includes: • Aperiod of incapacity of more than three consecutive days; • Any period of incapacity due to pregnancy or prenatal care; • Any period of incapacity or treatment due to a chronic serious health condition; • A period of incapacity that is permanent or long-term due to a condition for which treatment may be ineffective; or • Any period of absence to receive multiple treatments from a health care provider, including treatment for conditions that are not presently incapacitating, but would become so if left untreated. • Note: A serious health condition" is defined as an illness, injury, impairment, or physical or mental condition which involves an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with that care • Note: The FMLA applies only to employers with 50 or more employees.

12. Age Discrimination in Employment Act 1967 • Banned discrimination against workers over 40 years of age •  The Act protects individuals from discriminatory treatment, based on their age, in hiring, promotion, and firing decisions.

13. Unemployment Insurance Act • Established by the Department of Labor • Unemployment Insurance (UI) programs provide unemployment benefits to eligible workers who become unemployed through no fault of their own, and meet certain other eligibility requirements.

14. Immigration and Reform Act 1986 • Banned discrimination against legal immigrants • The Act protects individuals from discriminatory treatment, based on their age, in hiring, promotion, and firing decisions.

15. Equal Employment Opportunity Commission (EEOC) Make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. • Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. • The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

16. Americans with Disabilities Act • Requires employers to provide employees with reasonable accommodations in the workplace environment • Prevents discrimination on the basis of disability

17. Occupational Safety & Health Act (OSHA) • The main purpose of the Act is to protect workers from health and safety hazards on the job. • It sets out duties for all workplace parties and rights for workers. • It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily.

18. Sexual Harassment Law • Workers cannot be subjected to the two types of sexual harassment: 1) Quid Pro Quo Harassment - An employee is required to tolerate sexual harassment in order to obtain or keep a job, job benefit, raise, or promotion. 2) Hostile Work Environment Harassment - Harassment at work unreasonably interferes with or alters the employee's work performance, or creates a hostile, abusive or offensive work environment.