Discrimination law

Navigating discrimination legislation is tricky, but it is even more complicated when an employer’s footprint spans a wide variety of countries, each with its own law and culture. This is why Ius Laboris offers you the services of lawyers from over 50 countries worldwide. We are your expert in all areas of workplace discrimination and can advise on issues relating, for example, to race, marital status, age, gender, religion or belief, disability, health, social status or sexual orientation.

Employment Discrimination Overview: 

Employment Discrimination laws seek to prevent discrimination based on race, sex, sexual orientation, religion, national origin, physical disability, and age by employers. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment. The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth Amendment has an explicit requirement that the federal government not deprive individuals of “life, liberty, or property” without due process of the law. It also contains an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual’s rights to due process and equal protection. In the employment context, the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex). Due process protection requires that employees receive a fair process before termination if the termination relates to a “liberty” (such as the right to free speech) or property interest. State constitutions may also afford protection from employment discrimination.

Anti-discrimination law
Anti-discrimination law refers to the law on the right of people to be treated equally. Some countries mandate that in employment, in consumer transactions, and in political participation people must be dealt with on an equal basis regardless of economic status, sex, age, race, ethnicity, nationality, disability, mental illness or …

Types of Discrimination – EEOC 
Discrimination by Type. Learn about the various types of discrimination prohibited by the laws enforced by EEOC. We also provide links to the relevant laws, regulations and policy guidance, and also fact sheets, Q&As, best practices, and other information. Age · Disability · Equal Pay/Compensation · Genetic Information …

Anti-discrimination Laws – United States Department of Labor 

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, sex, or ethnic origin; the Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees 40 years and older; and the Americans with Disabilities Act (ADA) prohibits discrimination in employment on the basis of disabilities and requires that employers reasonably accommodate individuals with disabilities who can otherwise perform a job. As with other labor standards, independent contractors generally would not be covered by anti-discrimination laws.
Introduction to discrimination laws – CompactLaw
Discrimination usually consists of one or more of the following, known as “protected characteristics”:

1. People who are treated differently based upon their sex, race, (colour, nationality, ethnic or national origins), marital status (including civil partnerships), religion, (this applied from 2nd December 2003), sexual orientation (this applied from 1st December 2003), age (this applied from 1st October 2006) or because they have undergone gender reassignment (transsexuals). This covers harassment based on any of the above.

With regard to discrimination based on religion or religious beliefs, employers will now need to accommodate a wide variety of religious and cultural needs of workers. This may include, for example, establishing a prayer room in the workplace and being flexible about employees taking time off for different religious holidays.

Discrimination can occur based on a perception of a person’s religion or beliefs, even if those perceptions were wrong and also extend to discrimination based on a person’s association with someone else who has a particular religion or belief. It also protects those with a lack of religion.

What is Discrimination? – FindLaw
Federal and state laws prohibit discrimination against members of protected groups (identified above) in a number of settings, including:

Education
Employment
Housing
Government benefits and services
Health care services
Land use / zoning
Lending and credit
Public accommodations (Access to buildings and businesses)
Transportation
Voting
Anti-Discrimination Laws

Most laws prohibiting discrimination, and many legal definitions of “discriminatory” acts, originated at the federal level through either:

Federal legislation, like the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA).
Other federal acts (supplemented by court decisions) prohibit discrimination in voting rights, housing, extension of credit, public education, and access to public facilities.

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