Bush, the ADA provides a wide range of civil rights protection for individuals with disabilities. Titles I and V prohibits employment discrimination against qualified individuals with disabilities in private businesses and in state and local governments covering both mental and physical impairments that limit major life activities , but who are otherwise qualified for employment.
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, training, compensation, advancement, and any other terms, conditions or privileges of employment.
The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
Read more details about sexual orientation external icon. I heard through unofficial means that it is illegal to discriminate against an individual based on their parental status. Is this true? Yes it is. Status as a parent is defined as an individual who, with respect to an individual who is under the age of 18 or who is 18 or older, but, is incapable of self-care because of a physical or mental disability, is a biological parent, an adoptive parent, a foster parent, a stepparent, a custodian of a legal ward, in loco parentis over such an individual, or actively seeking legal custody or adoption of such an individual.
I think my supervisor denied my promotion based on my marital status. He constantly speaks of his dislike for divorced people. Are there any regulations that prohibit discrimination against individuals based on their marital status? Yes, the Civil Service Reform Act of CSRA , as amended, prohibits employment discrimination in the Federal government based on marital status, political affiliation, and conduct which does not adversely affect the performance of the employee.
Please note, however, that these bases do not fall within the jurisdiction of EEO. You might want to take a look at their websites www. I have heard that it is unlawful for an employer to discriminate against an employee because of his or her religion.
What does this mean? Title VII of the Civil Rights Act of prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and condition of employment.
The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship on the employer. I believe I was discriminated against because of my accent. Is this covered under national origin? Investigations will focus on the qualifications of the employee and whether his or her accent or manner of speaking had a detrimental effect on job performance.
I am often teased and harassed in my work area because of my nationality. Is this legal? Title VII of the Civil Rights Act of protects individuals against employment discrimination on the basis of national origin as well as race, color, religion, and sex.
Under this Act, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex pregnancy discrimination. I am pregnant, and my doctor has placed me on restrictions. Is my supervisor required to adhere to these restrictions? If an employee is temporarily unable to perform her job due to pregnancy, the agency must treat her the same way as any other temporarily disabled employee.
For example, if an employee with a broken hand received modified tasks or alternative assignments, the same must be done for a pregnant employee. I am pregnant, and I am thinking about taking three months off after my baby is born. Is my supervisor required to approve my leave request? An employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
For instance, an employer may not require an employee to return to work 4 weeks after childbirth. Sexual harassment is unwanted and unwelcome advances of a sexual nature. It could be a touch, written note, joke, picture, etc. It can be intentional or unintentional. The first type is Quid Pro Quo. This means that a person in a position of power over another offers to trade a tangible employment action or benefit such as promotion for a sexual favor.
Legal advice is the best way to arm you with this knowledge. Starting a claim strongly is much easier than altering it later, so contact Hall Payne to discuss your options. Discrimination is a complex area. Each state and territory has its own anti-discrimination or equal opportunity legislation and there are also relevant Federal laws.
The way you initiate your complaint can have ramifications down the track. We want you to make the best decision first up. Seeking legal advice will get you the best outcome. Time limits apply for making a discrimination complaint, with most jurisdictions requiring that a complaint is made within one year of the discrimination having occurred.
Obtaining legal advice means you can prepare your complaint, and any proceedings that might follow, in the best way possible. There are many examples, both in law and out of it, where discrimination is actually a good thing.
Another example is the provision of special services or benefits to meet the requirements of those with special needs. Exceptions to anti-discrimination legislation exist around health and safety, religion and matters of national security. They may apply in a number of circumstances, including in employment, education and the provision of goods and services. Back to Areas of Practice. Need help or advice about discrimination?
Call A protected class is a group of individuals who share a characteristic that shields them from discrimination. The following is a list of some of the classes protected under federal law:. Other protected classes may exist under state or local law but not federal law. Weight and height are two examples. Michigan is the only state that includes height and weight as protected classes. Some cities or municipalities have laws that prohibit discrimination based on weight and height, including San Francisco, California; Urbana, Illinois; Washington, D.
However, these laws only apply to the particular municipalities and not to the state. Therefore, to sue for illegal discrimination based on height or weight, you would need to fall under the jurisdiction of a law that prohibited that specific discrimination. Fired in Texas for being too short? Fired in Illinois based on your weight? Lastly, discrimination can be illegal even if the employer has a legal and legitimate reason for the discrimination.
This can occur if the legal reason for the discrimination is a pretext for the illegal discrimination. A pretext is a false reason for doing something to hide the true reason behind what was done. For instance, Mark is fired as a pilot because his employer says Mark is suffering from hearing loss. As touched on in the previous section, one way for discrimination to be legal is for the discrimination to be based on a characteristic that is not protected.
Or how about a hiring manager who refuses to hire those with a particular type of cell phone? These may be farfetched and outrageous, but if they occurred, they would be legal.
However, if the discrimination is based on a protected characteristic, the discrimination becomes illegal—unless an exception applies. The reality of the BFOQ defense is much more complicated, as evidenced by scenarios 2 and 3 that began this article. The BFOQ defense does not exist under all laws that prohibit discrimination. Additionally, the BFOQ defense does not apply to all protected classes. Section e of Title VII states:. Notice how race is not mentioned.
Other factors that a court may consider when determining whether a BFOQ defense applies include the following:. As these considerations show, courts will only narrowly apply the BFOQ defense. There is no BFOQ defense in scenario 1. Basically, passenger safety is a good reason for justifying a form of discrimination when hiring bus drivers.
But now we look at the next factor: is that discrimination based on facts or assumptions? As long as Acme Bus Company can provide empirical and factual data, such as studies and expert testimony that show how driving performance and safety decline with age starting at 35, the BFOQ defense will likely succeed. In the real-life case scenario 2 is based on, Hodgson v. Looking at this factor alone, the discrimination is not legal based on the BFOQ defense.
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