Discrimination in Employment — Relevant Federal Laws
Discrimination in employment can happen on many levels. When an employer discriminates against a qualified individual with a protected characteristic, they may face civil and criminal penalties. At the same time, employees who find themselves the victims of discrimination may seek redress under these laws as well.
This article describes a few of the relevant federal antidiscrimination laws that are most commonly encountered in employment situations and provides information on whether punitive damages or attorneys' fees might be available to those who prevail in litigation under these laws.
Toward the end of this article is a brief summary of remedies available when it comes to discrimination claims that do not fall within one of the federal antidiscrimination statutes discussed above and what can be expected from state law.
Laws that prohibit discrimination in employment include Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, and other statutes.
Employers that discriminate on any one or more of the following grounds are subject to civil penalties under Title VII: race (including white-on-black racial harassment); color; religion (including religion discrimination based on sect or creed); national origin; sex; genetic information; pregnancy, childbirth and related medical conditions (including disabilities caused by pregnancy or childbirth); age 40 and older; military service; disability; sexual harassment; retaliation for whistleblowing.
An aggrieved person may also file an employment discrimination charge with the Equal Employment Opportunity Commission (EEOC). Under certain limited circumstances, a person who has been subjected to illegal retaliation by his or her employer may receive monetary damages in a lawsuit filed under either Title VII or the ADEA. These damages include, but are not limited to, backpay and compensation for emotional distress.
If a jury finds that discrimination played a role in an employer's adverse employment action, such as termination or failure to hire, it may award punitive damages not only to punish the employer but also to discourage others from committing similar acts.
Facially neutral employment policies may constitute illegal discrimination if they have a disproportionate impact on members of a protected class. For example, an employer whose workforce is 60 percent Black and 40 percent White, but whose workforce does not reflect the racial demographics of the surrounding community, will likely be liable for racial discrimination if it terminates or does not hire qualified Hispanic applicants without giving them preference over similarly-situated white employees.
Many courts apply a "but for" standard in cases involving intentional race discrimination. That is, if the employer is shown to have been aware of the racial makeup of its workforce, but maintained certain policies in order to maintain a color-blind environment, this will not be deemed discrimination as long as race was not used "as the basis" to make hiring or promotion decisions.
The retaliation-based provisions of Title VII and the ADEA allow employees who have been subjected to wrongful race-based acts of retaliation by their employers to sue their employers for both compensatory and punitive damages. Additionally, since 1988, Congress has provided for a civil penalty of up to $1,000 for each violation under Title VII in the Civil Rights Act of 1991.
$300,000 is the maximum amount that an individual may recover from the employing agency on behalf of the U.S. Treasury under the age discrimination-based provisions of the Civil Rights Act of 1991. Disagreement exists among courts as to whether punitive damages are available in retaliation cases brought under Title VII and the ADEA.
Under federal law, an employer may not be held liable for punitive damages unless it acted with malice or reckless indifference (in cases involving intentional discrimination) or with gross negligence (in cases involving disparate impact discrimination).
In "Wilkerson v. Village of Depew", a village police department was found liable for punitive damages under the Age Discrimination in Employment Act (ADEA). The plaintiff, Wilkerson, alleged that he was subjected to harassment by his superiors based on his age and that he was ultimately fired in retaliation for having filed two complaints with the EEOC regarding his treatment. The jury awarded Wilkerson $300,000 in compensatory damages but also $700,000 in punitive damages.
In "Brown v. Nagle", a female employee was subjected to age, race, and disability discrimination by her employer and was ultimately fired in retaliation for filing an EEOC complaint that included allegations of sexual harassment. The jury awarded Brown $155,000 in compensatory damages but also $1 million in punitive damages. However, the district court granted the defendant's motion for judgment notwithstanding the verdict or, in the alternative, for a new trial on the ground that punitive damages were not available under the Age Discrimination in Employment Act (ADEA). The Seventh Circuit Court of Appeals reversed this decision and held that both Title VII and ADEA allow for recovery of punitive damages.
The Supreme Court has not yet addressed this issue. The U.S. Solicitor General filed a brief urging the court to uphold the decision in Brown v. Nagle, arguing that the Seventh Circuit's decision was incorrect because it would cause statutory penalties under Title VII and ADEA to be unavailable to all individuals who are subjected to discrimination, while allowing employers only limited opportunities to avoid liability through employment actions taken in good faith or only with a legitimate business purpose (as in "Prudential" Mortg. Co.).
A federal statute that addresses discrimination against youth by public accommodations was enacted in 2000 and amended in 2002.
In 2011, the United States Department of Labor issued guidance for youth in the workplace. The guidance provides information on federal employment discrimination protections, education and training rights, minimum wage and overtime requirements, equal pay provisions for equal work, the Family and Medical Leave Act (FMLA), Health Insurance Portability and Accountability Act (HIPAA), Occupational Safety and Health Administration (OSHA) standards, National Labor Relations Act rights to organize unions or employee associations, protecting immigrant workers from discrimination based on citizenship or immigration status; retaliation against whistle blowers; employment of student interns/trainees; youths with disabilities; as well as information on filing a complaint with the Department of Labor. The preamble to the U.S. Department of Labor's "Youth Fair Employment Act" Guidance provides additional information on the law, federal law enforcement assistance and tools, and a list of resources for youth.
United States Code Title 29 U.S.C. § 49-13: Protection Against On-the-Job Sexual Harassment
The "On-the-Job Sexual Harassment Prohibition Act" is a federal law that prohibits sexual harassment in the workplace by prohibiting on-the-job sexual harassment by employers, employees and agents of employers, including supervisors, managers and co-workers as well as other persons with supervisory authority over employees under Title VII of the Civil Rights Act of 1964 (Title VII).
Conclusion on Federal Law for state law
Under federal practices, if a state has maternity leave, it cannot have less than the federal minimum of 12 weeks. The Pregnancy Discrimination Act applies to all 50 states and the District of Columbia.
In the United States, with regards to family leave according to May 2012 statistics, there was no national law regarding paid maternity or paternity.
In 2011, there were three states that had paid family leave laws: California (12 weeks), New Jersey (6 weeks) and Rhode Island (4 weeks).
Besides that there were 11 other states considering this topic. In these states employers are required by law not to discriminate against an employee based on their pregnancy.