DIVERSITY AND THE LAW
4DIVERSITY AND THE LAW
Diversity and the Law
Diversity and the Law
Title VII of the Civil Rights Act of 1964
Title VII prohibits employers from discriminating against employees based on age, disability, national origin, race, religion and sex. Firstly, Title VII makes the provision that it is illegal to discriminate against an individual based on their age. In terms of employment, this applies to all employers whereby they are prohibited from using age as a basis for promotion, firing, training, job assignments. However, it is lawful for an employer to favor an older employee over a younger one. Secondly, an employer is prohibited by Title VII not to discriminating an employee because of their disability. The employer is required to ensure that the employees that have disabilities within the organization are provided with reasonable accommodation. It is important or the employer to realize that people with disabilities are protected by the American with Disabilities Act (EEOC, n.d).
Apart from age and disability, the other provision of Title VII is discrimination on the basis of race. Any employer in the United States will have violated the law if they treat an employee unfavorably based on the color of their skin. An employer is prohibited from making racial slurs, and derogatory remarks about their employees’ race. Discrimination based on someone’s sex also amounts to violation of the provision of Title VII. Employers are prohibited from discriminating their employees because of sexual aspects such as orientation, gender identity and transgender status. The employer should ensure that workplace policies do not discriminate anyone because of their sex. Women who are pregnant are also protected under the Title VII provisions. An employer is prohibited from discriminating an employee or an applicant because they are pregnant. Moreover, if an employee cannot temporarily perform their duties because of pregnancy, the employer must ensure that she is treated in the same way as disabled employee. The employee should be allocated with light duties or leaves until such a time that the employee is ready to get back to work after birth (EEOC, n.d).
The Equal Pay Act of 1963
The Equal Pay Act of 1963 prohibits employers from discriminating employees’ salaries on the basis of sex, age and race among other aspects. There are several instances where the employer will be in violation of this law. Firstly, if the employer uses sex as a basis for paying their employees, then he or she will have violated this law. An employee can use sex to pay someone of the opposite sex more even though all employees are doing a similar job. Using sex to determine the pay that each employee receives is often advanced by the employer’s payment system. It is therefore up to the employer to ensure that their payment system does not use sex as basis for determining pay, as this will be in violation of the Equal Pay Act of 1963.
Secondly, employees are at times required to testify against the employer, but this may mean that the employer may discriminate them in terms of pay. It is illegal for the employer to discriminate against the employee in terms of pay if the employee is going to testify against them in court because this will constitute violation of The Equal Pay Act of 1963. Lastly, if the employer pays workers with a disability less wages that those of the similar job, they will have violated The Equal Pay Act of 1963. If the employer does this, they are required to satisfactorily account for the difference in pay which is often impossible (EEOC, n.d).
EEOC. The Equal Pay Act of 1963 (EPA). Eeoc.gov. Retrieved from https://www.eeoc.gov/laws/statutes/epa.cfm
EEOC. Title VII of the Civil Rights Act of 1964. Eeoc.gov. Retrieved from https://www.eeoc.gov//laws/statutes/titlevii.cfm