Thursday, June 30, 2011

Job Discrimination Laws Available to Pittsburgh Workers

What Are the Federal Laws Prohibiting Job Discrimination in Pittsburgh?

  1. Title VII of the Civil Rights Act of 1964 (Title VII), this law prohibits employment discrimination and/retaliation based on race, color, religion, sex, or national origin;
  2. Equal Pay Act of 1963 (EPA), protects the men and women of Pittsburgh, Pennsylvania who perform substantially equal work in the same establishment from sex-based wage discrimination; 
  3. Age Discrimination in Employment Act of 1967 (ADEA), this law protects individuals who are 40 years of age or older from discrimination and/or retaliation based on their age;
  4. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), this law prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
  5. Sections 501 and 505 of the Rehabilitation Act of 1973, prohibits discrimination against qualified individuals with disabilities who work in the federal government;
  6. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), prohibits employment discrimination based on genetic information about an applicant, employee, or former employee- as you can imagine this is not often invoked; and
  7. Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination against employees in Pittsburgh, Pennsylvania as well as across the country.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.  In order to pursue claims under any of the above laws an injured party must first exhaust their remedies under the EEOC.  In my experience, however, this is a formality to filing suit.  We have handled a number of discrimination and retaliation lawsuit to successful outcomes that were initially deemed unmeritorious by the EEOC.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB). Share this post :
Share on Facebook
Share on Twitter
Share on StumbleUpon
Share on Delicious
Share on Reddit
Share on Digg
Share on simpy
Share on Technorati
furl Share on furl
Feeds RSS Subscribe to Feeds RSS

No comments:

Post a Comment