Question: This week, you are reading about legislation and best practices for protecting diverse groups in the workplace. Major laws addressing issues of diversity include the
This week, you are reading about legislation and best practices for protecting diverse groups in the workplace. Major laws addressing issues of diversity include the following.
Emancipation Proclamation (1863)
Freeing enslaved Black people allowed them the opportunity to work for wages rather than as slaves and (theoretically) have options open to White people.
Executive Order 8802 (1941)
This requires equal employment opportunities for all American citizens, regardless of race, creed, color, or national origin.
Equal Pay Act of 1963
This makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.
Title VII of the Civil Rights Act of 1964
This makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex (later deemed to include pregnancy, sexual harassment, and sexual orientation or gender identity). It requires employers to reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship.
Executive Orders for Affirmative Action (EO 11246 in 1965 and 11375 in 1966)
This requires employers to take affirmative steps to prevent discrimination in employment, including taking proactive measures to ensure hiring and promotion of underrepresented minorities (men and women) and women (White and women of color).
The Age Discrimination in Employment Act of 1967
This protects people who are 40 and older from discrimination because of age. Exceptions can be made for bona fide occupational qualifications. Some countries (United Kingdom, Australia) and states (Michigan) prohibit all age discrimination.
Rehabilitation Act of 1973, Sections 501 and 505
This is a precursor to the ADA. This makes it illegal to discriminate against a qualified person with a disability in the federal government. It requires employers to reasonably accommodate the known physical or mental limitations of an otherwise qualified individual applicant or employee with a disability unless doing so would impose an undue hardship.
Vietnam Era Veterans' Readjustment Assistance Act of 1974
This prohibits discrimination against Vietnam-era and other veterans and requires affirmative action for them.
Pregnancy Discrimination Act of 1978
This is an amendment to Title VII that makes it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
EEOC Guidelines on Sexual Harassment 1980
This defines sexual harassment, formally acknowledging it as a form of sex discrimination prohibited by Section 703 of Title VII, and suggests affirmative steps employers may take to prevent sexual harassment. The EEOC uses these guidelines in enforcement and many courts rely on them in decisions.
Americans With Disabilities Act of 1990, Title I
This makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments employing 15 or more people. It requires employers to reasonably accommodate the known physical or mental limitations of an otherwise qualified individual applicant or employee with a disability unless doing so would impose an undue hardship.
Civil Rights Act of 1991
This amends Title VII of the CRA of 1964 and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases. It extends the coverage to U.S. citizens working abroad for U.S. companies.
Family and Medical Leave Act of 1993
This allows certain employees to take up to 12 weeks' unpaid leave to care for a spouse, child, or parent or for a personal illness. Employers must maintain employees' benefits and offer the same or a substantially similar job upon employees' return from leave. In 2010, it broadened the definition of "son" or "daughter" to include those performing parental roles, including same-sex partners, grandparents, and others. FMLA leave can sometimes overlap with Title VII requirements concerning leave for pregnancy and pregnancy-related conditions and ADA and Rehabilitation Act requirements concerning leave as an accommodation for an employee with a disability.
Genetic Information Nondiscrimination Act of 2008
This makes it illegal to discriminate against employees or applicants because of genetic information, including information about an individual's genetic tests and those of an individual's family members, and information about any disease, disorder, or condition of an individual's family members.
Consider the list above and select one law that makes the biggest difference in your life as a member of the contemporary workforce. Why do you think this law is currently important to protecting and promoting the goals of diversity, equity, and inclusion in the workplace? Do you think most organizations support or oppose this law? For what reasons? As an employee or future employee, what are three ways you think an organization could demonstrate commitment to the law you have selected?
Remember to use specific examples and concepts from the reading for the week to help support your ideas and develop your response.
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