Between 2010 and 2017, over 80% of all closed job discrimination cases in the U.S. resulted in ZERO compensation for employees (Washington Post, 2019)
One of the most important factors for the low percentage of successful case compensation payouts is the poor understanding of job discrimination laws.
Why Should You Learn Job Discrimination Laws?
Learning your job discrimination laws can arm you with the understanding you need to detect incriminating actions within your work environment.
It can also save you the time, effort, and energy of pursuing an ineffective case.
Job Discrimination laws allow you to properly defend yourself before, during, and after prospective employment.
They can help you to understand whether you’re currently being discriminated against or whether you have been discriminated against in the past.
Here are 5 integral job communication laws YOU need to know!
1. Equal Pay Act of 1963
The equal pay act of 1963 established that employers cannot legally discriminate wages for the same position for different job roles/descriptions.
There are certain characteristics specifically outlined that are specifically stated as protected (will have a much easier time having a substantial claim with the cases).
This particular act relates to the discrimination of wages and provisions within the realm of gender/sex discrimination and biases.
After the Equal Pay Act of 1963 was passed, it became an illegal offense to show bias in payment when all other working conditions remain consistent.
There are 3 notable listed system exceptions to showing biases in compensation:
- A seniority system
- A merit system
- A system that measures earnings based on quantity or quality (ex: Sales Commission)
What does the Equal Pay Act of 1963 mean for you?
- Discrimination based on sexes or genders is illegal.
- If you feel that there is an inequality of pay between men and women in your workplace, contact a legal professional to file a job discrimination claim.
- You are permitted to go directly to court if you find substantial evidence for your equal pay case. You don’t need to file a charge to the Equal Employment Opportunity Commission (EEOC).
- All forms of payment are subject to the equal opportunity law. If your opposite sex/gender coworkers are receiving other forms of company compensation your company may be violating your equal payment rights.
- You have two years from the most recent illegal offensive before taking the case to court
Related: What Are Equal Employment Opportunity Laws? 7 Ways They Protect Job Applicants
2. Title VII of the Civil Rights Act of 1964
Title VII of the 1964 Civil Rights Act made it illegal for employers to discriminate against both applicants and employees within the workplace.
This Act makes it illegal for employers to actively discriminate or categorize employees based on color, race, national origin, and religious belief/practices.
Employers are not allowed to hire, fire, sort, or lessen the opportunity for employment, raises, bonuses, or other forms of compensation.
In other words, it is unlawful for a company to give preferential treatment in any way to a given group or individual with relation to their protected characteristics.
If you have evidence that your employer or potential employer is denying you a job, promotion, or opportunity based on a protected characteristic, you should seek legal counsel to qualify the potential value of your case.
3. Age Discrimination in Employment Act of 1967
Another crucial law that protects your job employment rights is the age discrimination section in the Employment Act of 1967.
While minimum wage laws and child labor laws defend against the prospect of underage employment, the Employment Act of 1967 and the Age Discrimination Act of 1975 protect workers over the age of 40 from job discrimination.
The act was originally put forth in 1967 to protect aging workers from being immediately dismissed in the job market.
Currently, you reserve the right to file claims and press charges (with reasonable evidence) against employers that use age as a reason to…
- Retain or terminate employees
- Lower compensation for workers over the age of 40
- Promote older employees to senior positions without merit
Related: What is Employment Law? 6 Key Terms You Should Know
4. Rehabilitation Act of 1973
The Rehabilitation Act of 1973 gives employees with disabilities protection from discrimination and termination.
The caveat to this law is the qualification of the disabled employee.
Disabled employees must be able to perform all essential job functions without direct help or involvement from other members of the company.
The Rehabilitation Act also requires employers to provide methods of transportation (ramps, elevators, etc.) for disabled workers.
5. The Civil Rights Act of 1991
The Civil Rights Act of 1991 provided a reinforced and revised version of the 1964 Civil Rights act.
While the 1964 Civil Rights act set the precedent and groundwork for equal employment rights amidst racial discrimination, the Civil Rights Act of 1991 increased the situational use of the act.
Elements of this act may act as supplementary evidence for your employment case or claim.
How to File a Job Discrimination Complaint Form in California
If you have been discriminated against in the State of California, you can file a discrimination complaint form to The California Department of Justice (DOJ).
Your completed form filing can then be mailed to the DOJ for processing and reviewal.
For the best chance of success with your complaint form, contact legal counsel for professional feedback on the value of your case.
Do you want to know whether your job discrimination case is worth pursuing? Call Los Angeles Trial Lawyers today for a free consultation today.