Discrimination in Employment
Employment Discrimination: Applicable Laws
Employment Discrimination: U.S. Supreme Court Cases
Discrimination & Harassment Section Employment Discrimination: Federal Laws
Below is a list of federal laws that prohibit a number of types of employment discrimination, and links to the full texts of those laws. (Note: Many states have civil rights laws of their own which mirror those at the federal level, so your state may have its own employment discrimination laws that are very similar to those identified below. In addition, municipalities like cities and counties can enact ordinances and laws related to civil rights.)
- Age Discrimination in Employment Act
Prohibits employers from discriminating against workers and applicants who are 40 years of age and older, based on their age.
- Civil Rights Act of 1964: Title VII (Equal Employment Opportunities)
Prohibits employment discrimination based on race, color, religion, sex, and national origin.
- Civil Rights Act of 1991 (Intentional Employment Discrimination)
To amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.
- Equal Pay Act of 1963
Requires that employers pay all employees equally for equal work, regardless of whether the employees are male or female.
- Family and Medical Leave Act
Gives employees the right to take time off from work in order to care for a newborn (or recently adopted) child, or to look after an ill family member.
- Pregnancy Discrimination Act (EEOC)
Prohibits employment discrimination against female workers who are (or intend to become) pregnant -- including discrimination in hiring, failure to promote, and wrongful termination.
Employment Discrimination: U.S. Supreme Court Cases
Below is a list of U.S. Supreme Court cases involving employees' rights and employment discrimination, including links to the full text of the U.S. Supreme Court decisions.
- Griggs v. Duke Power Co. (1971)
In this case, the Court decided that certain education requirements and intelligence tests used as conditions of employment acted to exclude African-American job applicants, did not relate to job performance, and were prohibited.
- Cleveland Bd. of Ed. V. LaFleur (1974)
Found that Ohio public school mandatory maternity leave rules for pregnant teachers violate constitutional guarantees of due process.
- Meritor Savings Bank v. Vinson (1986)
Found that a claim of "hostile environment" sexual harassment is a form of sex discrimination that may be brought under Title VII of the Civil Rights Act of 1964.
- Johnson v. Transportation Agency (1987)
The Court decides that a county transportation agency appropriately took into account an employee's sex as one factor in determining whether she should be promoted.
- Oncale v. Sundowner Offshore Serv., Inc. (1987)
In this case, the Court held that sex discrimination consisting of same-sex sexual harassment can form the basis for a valid claim under Title VII of the Civil Rights Act of 1964.
- Burlington Industries, Inc. Ellerth (1998)
Holding that an employee who refuses unwelcome and threatening sexual advances of a supervisor (but suffers no real job consequences) may recover against the employer without showing the employer is at fault for the supervisor's actions.
- Faragher v. City of Boca Raton (1998)
The Court decides that an employer may be liable for sexual discrimination caused by a supervisor, but liability depends on the reasonableness of the employer's conduct, as well as the reasonableness of the plaintiff victim's conduct.