Employment Discrimination and EEOC Forms
How to Deal with Employment Discrimination
Employment discrimination can take many forms and occur in hiring, promotion, job assignment, wrongful termination, and more subtle ways. Generally, in order to be illegal employer discrimination, the acts have to create a hostile work environment or lead to an adverse employment decision. There are certain major pieces of federal labor law covering employer discrimination that are important to understand.
Employment Discrimination and Employment Law
- Title VII of the Civil Rights Act of 1964 - Employers must comply with civil rights law under Title VII of the Civil Rights Act of 1964. Employment law under Title VII makes employer discrimination based on race, color, religion, sex, and national origin a violation of civil rights law. Title VII Acts covers acts of racial discrimination, sexual harassment, and other work harassment involving these protected labor law categories.
- Americans With Disabilities ACT (ADA) -. The ADA makes employee discrimination based on disability illegal. Reasonable accommodation for an employee's disability is required. Much of the litigation under the ADA involves defining the requirements of making a reasonable accommodation.
- The Age Discrimination in Employment Act of 1967 (ADEA) - The ADEA makes age discrimination an illegal employment act. Federal age discrimination law covers those 40 and older.
- Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) - VEVRAA makes it illegal to discriminate against military veterans in the workplace and requires federal subcontractors and contractors to take affirmative action measures to employ and advance Vietnam veterans, disabled vets, and certain veterans of wars and campaigns.
- Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) - GINA prohibits employee discrimination based on genetic information, such as family medical history.
State and local laws may provide broader protections and a right to sue for employer discrimination based on sexual orientation or gender identity. Local labor law should be consulted, as it varies by jurisdiction.
How the Equal Employment Opportunity Commission (EEOC) Handles Employer Discrimination
When an alleged victim of employee discrimination files a charge of discrimination complaint with the Equal Employment Opportunity Commission, there will be an attempt to mediate a settlement before it's sent to an investigator. If the investigation finds illegal employer discrimination under federal labor law, it will either attempt a settlement with the employer or refer it to their legal department for a decision whether to file a complaint under the appropriate employment act. If no violation of federal employment law is found, the EEOC issues a Right to Sue notice to permit an employment discrimination claim to be filed in court.
If you're looking to prevent employee discrimination or are suffering work harassment, sexual harassment, age discrimination, racial discrimination, or other forms of employer discrimination that has led to adverse actions or created a hostile work environment, US Legal Forms has affordable, top quality forms for filing a complaint with the EEOC.