Workplace Discrimination & Employment Laws

In response to challenges in the Courts, employment law has evolved since 1964. According to an article in Workforce (2002), one example of the evolution of statutes in response to case law, in 1972, Title VII was amended to give the Equal Employment Opportunity Commission its own enforcement authority. This meant that the EEOC, along with its investigation and conciliation of charges of discrimination, could file its own lawsuits ("Title VII of the Civil Rights Act", 2002, 56). In response to problems associated with loopholes in Title VII, additional laws have been passed that clarified the rights of employees and the role of employers.

Most companies follow the "employment at will" doctrine, which gives an employer the right to fire employee for any reason. However, both State and federal laws clearly define specific instances where an employee's firing is wrongful or illegal. For example, under these laws an employer cannot dismiss an employee on the ba

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ved otherwise. Disabled employees receive certain protection under federal law, and in many cases under State law. The best known of these laws federal regulations is the Americans with Disabilities Act. If a company is aware or should be aware that an employee has a disability, the employer must act prudently and appropriately so that the employer does not violate the government mandated protections for American workers with specific disabilities. Most states also have anti-discrimination laws that include all of the characteristics listed in the federal law, but broaden the protections provided under the federal law. State laws may also include additional prohibitions (for example, prohibiting discrimination on the basis of sexual orientation or marital status). State laws may also apply to a larger number of employers. Most states prohibit employers from firing an employee for reasons that most people would find morally or ethically wrong. Of course, law will vary from state to state. Some states may prohibit reasons that other states do not. Federal law requires 60-day advance notification of employees affected by layoffs and plant or office closings under the Worker Adjustment and Retraining (WARN) Act. Premature term
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