What Laws Protect Discrimination
All laws enforced by the EEOC, with the exception of the Equal Pay Act, require the filing of an indictment with the EEOC before a private lawsuit can be brought in court. There are strict time limits within which charges must be laid: the Racial Discrimination Act 1975 was the first major anti-discrimination law passed in Australia and aimed to prohibit discrimination on the basis of race, ethnic origin or national origin. [12] Australian courts quickly prohibited discrimination on the basis of sex through legislation such as the Equal Opportunity Act 1977 and the Anti-Discrimination Act 1977. [13] [14] The Australian Parliament extended this protection with the Sex Discrimination Act 1984 (SDA) to cover all Australians and provide protections based on sex, relationship status and pregnancy. In addition, the SDA has been expanded to include gender identity and intersex status as protected groups. [15] Discrimination on the basis of disability status is also prohibited under the Disability Discrimination Act 1992. [16] Many of the states` current laws are similar to their civil rights laws at the federal level, but may provide additional protection against employment discrimination. Almost all states have enacted employment-related discrimination laws, with protection against discrimination based on various factors such as race, sex, age, marital status, national origin, religion or disability. If a state does not explicitly state its occupational health and safety against discrimination, the person reporting the discrimination will invoke federal law regarding the nature of the discrimination. In the 1970s, the anti-discrimination law was significantly expanded. The Equal Pay Act 1970 allowed women to take legal action against their employer if they could prove that they were paid less than a male colleague for equal work or work of equal value.
The Sex Discrimination Act 1975 prohibits direct and indirect discrimination on the basis of sex, and the Race Relations Act 1976 expands the scope of the Racial and Ethnic Discrimination Act. [21] Discriminating against a person means treating someone differently because of a certain characteristic, usually in a negative way. Federal law prohibits discrimination by employers and many other institutions based on skin color, race, sex, national origin, disability, age, pregnancy, medical history, religion, or even genetic information. Some states have passed laws prohibiting discrimination based on sexual orientation, weight and other attributes. This section covers the different types of discrimination prohibited by federal laws, the authorities that enforce each law and how to file a complaint, detailed information about specific discrimination scenarios, and much more. Under most laws enforced by the EEOC, damages and punitive damages may also be available if intentional discrimination is found. Damages may be available to compensate for actual financial losses, future financial losses and psychological anguish and inconvenience. Punitive damages may also be awarded if an employer has acted with malice or reckless indifference. Punitive damages against the federal, state or local governments are not possible. Title II of the Genetic Information Non-Discrimination Act of 2008 A combination of legislation and the Supreme Court`s interpretation of existing laws has led to an extension of civil rights to groups that were previously unprotected.
Transgender and homosexual victims were once not protected by anti-discrimination laws. In addition to extending protection to these people; The changes to the law also protect those who are perceived by their persecutor as one of the listed groups. For example, if a person were denied a promotion in their job because they are believed to be homosexual, they would now have a lawsuit of discrimination against their employer, even if they are in fact heterosexual. Discriminatory practices under these laws also include: Employers are required to send notices to all employees informing them of their rights under the laws administered by the EEOC and their right to be free from reprisal. Such notices shall, where appropriate, be accessible to persons with visual impairments or other disabilities who have reading difficulties. The European Union has adopted several important anti-discrimination directives, the Racial Equality Directive and the Employment Equality Directive. These directives set standards that all Member States of the European Union must comply with; However, each Member State is responsible for adopting specific legislation to achieve these objectives. [20] For discrimination to be prosecuted, it must be directed against one of the recognized categories of protected persons and must also take place in one of the many situations, such as employment. B education, housing, government services or services, health care, land use and zoning, loans and loans, social housing, transportation or elections. The Anti-Discrimination Act or Non-Discrimination Act refers to legislation aimed at preventing discrimination against certain groups of persons; These groups are often referred to as protected groups or protected classes.
[1] Anti-discrimination laws vary by jurisdiction with respect to the types of discrimination that are prohibited and also with respect to the groups protected by that legislation. [2] [3] In general, these types of legislation aim to prevent discrimination in the areas of employment, housing, education and other areas of social life, such as . B public housing. Anti-discrimination law may include the protection of groups based on sex, age, race, ethnic origin, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, gender characteristics, religion, belief or individual political opinions. Workers and applicants who currently engage in illegal drug use are not protected by the ADA if an employer acts on the basis of such use. Illicit drug testing is not considered a medical examination and is therefore not subject to the ADA`s restrictions on medical examinations. Employers can keep people who use drugs illegally and alcoholics at the same performance standards as other employees. The first Belgian anti-discrimination law of 25 February 2003 was annulled by the Belgian Constitutional Court.
The Court found that the law was discriminatory because its scope did not include discrimination based on political opinion or language and thus violated Articles 10 to 11 of the Belgian Constitution, which introduced the principle of equality before the law. [17] The selection of teachers and students from general education schools who have religious ties is often permitted by law to be limited to those of the same religious affiliation, even though religious discrimination is prohibited. For discrimination to trigger the protections of federal law, it must target a person based on their skin color, race, sex, national origin, disability, age, sexual orientation, religion, or a limited number of other categories. Laws prohibiting discrimination on the basis of race are the strongest and have been in place for a long time. Other categories have been introduced recently and may be extended or restrictive depending on the category and context. Equality and non-discrimination are described as fundamental human rights in the Universal Declaration of Human Rights (UDHR). [8] Although the UDHR is not binding, nations commit to respect these rights by ratifying international human rights treaties. [9] Specific treaties on anti-discrimination law include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination. [10] In addition, the United Nations` Sustainable Development Goals 10 and 16 also encourage international efforts to eliminate discriminatory laws. [11] This law makes it illegal to discriminate against employees or candidates on the basis of genetic information […].
