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Employment discrimination law in the United States originates from the common law, and is codified in many state, federal, and regional laws. These laws restrict discrimination based on specific attributes or "safeguarded classifications". The United States Constitution likewise forbids discrimination by federal and state governments versus their public staff members. Discrimination in the economic sector is not straight constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Liberty Act of 1964. Federal law restricts discrimination in a variety of areas, consisting of recruiting, working with, task examinations, promotion policies, training, compensation and disciplinary action. State laws often extend defense to extra classifications or employers.

Under federal employment discrimination law, companies typically can not victimize staff members on the basis of race, [1] sex [1] [2] (consisting of sexual preference and gender identity), [3] pregnancy, [4] religion, [1] nationwide origin, [1] impairment (physical or mental, including status), [5] [6] age (for workers over 40), [7] military service or affiliation, [8] bankruptcy or uncollectable bills, [9] hereditary information, [10] and citizenship status (for residents, long-term citizens, momentary locals, refugees, and asylees). [11]
List of United States federal discrimination law

Equal Pay Act of 1963 Civil Liberty Act of 1964 Title VI of the Civil Liberty Act of 1964 Title VII of the Civil Rights Act of 1964
Title IX


Constitutional basis

The United States Constitution does not directly address employment discrimination, but its restrictions on discrimination by the federal government have actually been held to secure federal civil servant.

The Fifth and Fourteenth Amendments to the United States Constitution restrict the power of the federal and state federal governments to discriminate. The Fifth Amendment has an explicit requirement that the federal government does not deny individuals of "life, liberty, or residential or commercial property", without due procedure of the law. It also contains an implicit assurance that the Fourteenth Amendment clearly restricts states from breaching a person's rights of due procedure and equal defense. In the work context, these Constitutional provisions would limit the right of the state and federal governments to discriminate in their work practices by treating staff members, previous employees, or job candidates unequally since of membership in a group (such as a race or sex). Due process security needs that government staff members have a reasonable procedural procedure before they are ended if the termination is related to a "liberty" (such as the right to complimentary speech) or property interest. As both Due Process and Equal Protection Clauses are passive, the provision that empowers Congress to pass anti-discrimination bills (so they are not unconstitutional under Tenth Amendment) is Section 5 of Fourteenth Amendment.

Employment discrimination or harassment in the economic sector is not unconstitutional because Federal and most State Constitutions do not expressly give their particular federal government the power to enact civil rights laws that use to the economic sector. The Federal federal government's authority to control a personal service, consisting of civil liberties laws, originates from their power to regulate all commerce between the States. Some State Constitutions do expressly pay for some defense from public and personal work discrimination, such as Article I of the California Constitution. However, most State Constitutions just resolve discriminatory treatment by the federal government, including a public employer.

Absent of an arrangement in a State Constitution, State civil rights laws that control the economic sector are generally Constitutional under the "cops powers" doctrine or the power of a State to enact laws developed to secure public health, safety and morals. All States need to follow the Federal Civil liberty laws, however States may enact civil rights laws that provide additional work defense.

For instance, some State civil rights laws use protection from employment discrimination on the basis of political association, even though such forms of discrimination are not yet covered in federal civil liberties laws.

History of federal laws

Federal law governing work discrimination has actually developed in time.

The Equal Pay Act amended the Fair Labor Standards Act in 1963. It is implemented by the Wage and Hour Division of the Department of Labor. [12] The Equal Pay Act restricts companies and unions from paying different earnings based upon sex. It does not prohibit other discriminatory practices in employing. It supplies that where employees carry out equal work in the corner requiring "equal ability, effort, and duty and carried out under similar working conditions," they ought to be supplied equivalent pay. [2] The Fair Labor Standards Act uses to companies engaged in some aspect of interstate commerce, or all of an employer's employees if the business is engaged as a whole in a substantial amount of interstate commerce. [citation needed]
Title VII of the Civil Rights Act of 1964 prohibits discrimination in a lot more aspects of the work relationship. "Title VII produced the Equal Job opportunity Commission (EEOC) to administer the act". [12] It uses to the majority of companies taken part in interstate commerce with more than 15 employees, labor companies, and work firms. Title VII prohibits discrimination based upon race, color, religious beliefs, sex or nationwide origin. It makes it unlawful for employers to discriminate based upon secured attributes concerning terms, conditions, and benefits of work. Employment companies may not discriminate when hiring or referring applicants, and labor organizations are likewise prohibited from basing membership or union classifications on race, color, religious beliefs, sex, or national origin. [1] The Pregnancy Discrimination Act modified Title VII in 1978, defining that illegal sex discrimination includes discrimination based on pregnancy, childbirth, and associated medical conditions. [4] An associated statute, the Family and Medical Leave Act, sets requirements governing leave for pregnancy and pregnancy-related conditions. [13]
Executive Order 11246 in 1965 "restricts discrimination by federal specialists and subcontractors on account of race, color, faith, sex, or nationwide origin [and] needs affirmative action by federal specialists". [14]
The Age Discrimination in Employment Act (ADEA), enacted in 1968 and changed in 1978 and 1986, forbids companies from discriminating on the basis of age. The forbidden practices are nearly identical to those described in Title VII, except that the ADEA secures workers in firms with 20 or more employees instead of 15 or more. An employee is protected from discrimination based upon age if he or she is over 40. Since 1978, the ADEA has actually phased out and restricted mandatory retirement, other than for high-powered decision-making positions (that likewise provide large pensions). The ADEA consists of explicit standards for benefit, pension and retirement strategies. [7] Though ADEA is the center of the majority of discussion of age discrimination legislation, there is a longer history beginning with the abolishment of "optimal ages of entry into work in 1956" by the United States Civil Service Commission. Then in 1964, Executive Order 11141 "established a policy against age discrimination among federal professionals". [15]
The Rehabilitation Act of 1973 forbids work discrimination on the basis of impairment by the federal government, federal contractors with agreements of more than $10,000, and programs getting federal financial help. [16] It needs affirmative action as well as non-discrimination. [16] Section 504 requires sensible lodging, and Section 508 needs that electronic and details technology be accessible to handicapped staff members. [16]
The Black Lung Benefits Act of 1972 forbids discrimination by mine operators against miners who experience "black lung illness" (pneumoconiosis). [17]
The Vietnam Era Readjustment Act of 1974 "needs affirmative action for handicapped and Vietnam era veterans by federal specialists". [14]
The Bankruptcy Reform Act of 1978 prohibits work discrimination on the basis of insolvency or uncollectable bills. [9]
The Immigration Reform and Control Act of 1986 prohibits employers with more than 3 staff members from victimizing anybody (other than an unapproved immigrant) on the basis of nationwide origin or citizenship status. [18]
The Americans with Disabilities Act of 1990 (ADA) was enacted to get rid of prejudiced barriers versus certified individuals with disabilities, people with a record of a disability, or people who are considered having an impairment. It forbids discrimination based upon real or viewed physical or mental impairments. It likewise needs employers to offer affordable accommodations to workers who need them due to the fact that of a special needs to look for a job, carry out the vital functions of a task, or take pleasure in the benefits and benefits of employment, unless the employer can show that excessive challenge will result. There are strict limitations on when a company can ask disability-related concerns or need medical evaluations, and all medical details should be dealt with as confidential. A disability is defined under the ADA as a mental or physical health condition that "substantially limits several significant life activities. " [5]
The Nineteenth Century Civil Rights Acts, modified in 1993, ensure all persons equal rights under the law and lay out the damages available to complainants in actions brought under Title VII of the Civil Liberty Act of 1964, the Americans with Disabilities Act, and the 1973 Rehabilitation Act. [19] [20]
The Genetic Information Nondiscrimination Act of 2008 bars employers from using individuals' genetic information when making hiring, firing, job placement, or promo choices. [10]
The proposed US Equality Act of 2015 would ban discrimination on the basis of sexual preference or gender identity. [21] As of June 2018 [upgrade], 28 US states do not explicitly include sexual preference and 29 US states do not explicitly consist of gender identity within anti-discrimination statutes.

LGBT work discrimination

Title VII of the Civil Liberty Act of 1964 prohibits employment discrimination on the basis of sexual orientation or gender identity. This is encompassed by the law's restriction of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020 ), employment securities for LGBT individuals were patchwork; numerous states and areas clearly restrict harassment and bias in work choices on the basis of sexual orientation and/or gender identity, although some only cover public employees. [22] Prior to the Bostock decision, the Equal Job Opportunity Commission (EEOC) translated Title VII to cover LGBT staff members; the EEOC's identified that transgender workers were secured under Title VII in 2012, [23] and extended the security to encompass sexual preference in 2015. [24] [25]
According to Crosby Burns and Jeff Krehely: "Studies show that anywhere from 15 percent to 43 percent of gay people have experienced some form of discrimination and harassment at the workplace. Moreover, a shocking 90 percent of transgender workers report some type of harassment or mistreatment on the task." Lots of people in the LGBT neighborhood have lost their job, consisting of Vandy Beth Glenn, a transgender female who claims that her boss told her that her existence may make other individuals feel unpleasant. [26]
Almost half of the United States likewise have state-level or municipal-level laws banning the discrimination of gender non-conforming and transgender individuals in both public and personal offices. A couple of more states ban LGBT discrimination in only public workplaces. [27] Some challengers of these laws believe that it would intrude on spiritual liberty, although these laws are focused more on discriminatory actions, not beliefs. Courts have actually likewise determined that these laws do not infringe free speech or spiritual liberty. [28]
State law

State statutes likewise offer comprehensive defense from work discrimination. Some laws extend similar protection as offered by the federal acts to employers who are not covered by those statutes. Other statutes offer protection to groups not covered by the federal acts. Some state laws supply greater defense to employees of the state or of state contractors.

The following table lists categories not safeguarded by federal law. Age is included too, considering that federal law just covers employees over 40.

In addition,

- District of - enlisting, individual appearance [35]- Michigan - height, weight [53]- Texas - Participation in emergency evacuation order [90]- Vermont - Birthplace [76]
Civil servant

Title VII likewise applies to state, federal, regional and other public employees. Employees of federal and state federal governments have extra protections against work discrimination.

The Civil Service Reform Act of 1978 forbids discrimination in federal work on the basis of conduct that does not impact task performance. The Office of Personnel Management has actually analyzed this as prohibiting discrimination on the basis of sexual orientation. [91] In June 2009, it was announced that the analysis would be expanded to include gender identity. [92]
Additionally, public staff members keep their First Amendment rights, whereas private companies deserve to limitations staff members' speech in particular ways. [93] Public staff members maintain their First Amendment rights insofar as they are speaking as a private citizen (not on behalf of their employer), they are speaking on a matter of public concern, and their speech is not interfering with their job. [93]
Federal staff members who have employment discrimination claims, such as postal employees of the United States Postal Service (USPS) must sue in the correct federal jurisdiction, which positions a various set of problems for plaintiffs.

Exceptions

Bona fide occupational qualifications

Employers are typically allowed to consider qualities that would otherwise be inequitable if they are authentic occupational certifications (BFOQ). The most common BFOQ is sex, and the 2nd most typical BFOQ is age. Bona Fide Occupational Qualifications can not be used for discrimination on the basis of race.

The only exception to this rule is shown in a single case, Wittmer v. Peters, where the court rules that law enforcement monitoring can match races when required. For instance, if police are running operations that include confidential informants, or undercover representatives, sending an African American officer into a sting for a KKK white supremacy group. Additionally, police departments, such as the department in Ferguson, Missouri, can think about race-based policing and employ officers that are proportionate to the neighborhood's racial makeup. [94]
BFOQs do not apply in the entertainment market, such as casting for motion pictures and television. [95] Directors, producers and casting staff are permitted to cast characters based upon physical attributes, such as race, sex, hair color, eye color, weight, etc. Employment discrimination declares for Disparate Treatment are unusual in the show business, particularly in entertainers. [95] This reason is distinct to the home entertainment industry, and does not transfer to other markets, such as retail or food. [95]
Often, companies will utilize BFOQ as a defense to a Disparate Treatment theory work discrimination. BFOQ can not be an expense justification in wage gaps between different groups of employees. [96] Cost can be thought about when an employer should stabilize personal privacy and safety worry about the variety of positions that a company are attempting to fill. [96]
Additionally, consumer choice alone can not be a justification unless there is a privacy or security defense. [96] For instance, retail establishments in rural locations can not prohibit African American clerks based on the racial ideologies of the customer base. But, matching genders for staffing at facilities that manage kids survivors of sexual abuse is allowed.

If an employer were trying to show that work discrimination was based upon a BFOQ, there must be an accurate basis for believing that all or substantially all members of a class would be not able to carry out the task securely and efficiently or that it is impractical to figure out credentials on a customized basis. [97] Additionally, lack of a sinister intention does not transform a facially prejudiced policy into a neutral policy with a discriminatory effect. [97] Employers likewise bring the concern to show that a BFOQ is fairly essential, and a lesser inequitable option method does not exist. [98]
Religious work discrimination

"Religious discrimination is dealing with people in a different way in their work due to the fact that of their religion, their religions and practices, and/or their request for lodging (a change in an office rule or policy) of their religions and practices. It likewise includes dealing with individuals differently in their work since of their lack of religion or practice" (Workplace Fairness). [99] According to The U.S. Equal Employment Opportunity Commission, companies are restricted from refusing to work with a private based upon their religion- alike race, sex, age, and special needs. If a worker thinks that they have actually experienced spiritual discrimination, they need to resolve this to the supposed culprit. On the other hand, staff members are protected by the law for reporting task discrimination and have the ability to submit charges with the EEOC. [100] Some places in the U.S. now have clauses that prohibit discrimination versus atheists. The courts and laws of the United States give certain exemptions in these laws to companies or institutions that are religious or religiously-affiliated, however, to differing degrees in different areas, depending upon the setting and the context; some of these have been upheld and others reversed in time.

The most current and prevalent example of Religious Discrimination is the prevalent rejection of the COVID-19 Vaccine. Many workers are using faiths against changing the body and preventative medication as a validation to not get the vaccination. Companies that do not allow workers to get spiritual exemptions, or decline their application might be charged by the worker with employment discrimination on the basis of faiths. However, there are certain requirements for workers to present evidence that it is a best regards held belief. [101]
Members of the Communist Party

Title VII of the Civil Liberty Act of 1964 explicitly permits discrimination versus members of the Communist Party.

Military

The armed force has dealt with criticism for restricting ladies from serving in combat functions. In 2016, however, the law was changed to permit them to serve. [102] [103] [104] In the post published on the PBS website, Henry Louis Gates Jr. blogs about the method which black males were dealt with in the military during the 1940s. According to Gates, during that time the whites provided the African Americans a possibility to show themselves as Americans by having them take part in the war. The National Geographic website states, nevertheless, that when black soldiers joined the Navy, they were only permitted to work as servants; their involvement was limited to the functions of mess attendants, stewards, and cooks. Even when African Americans wished to safeguard the nation they lived in, they were denied the power to do so.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) safeguards the job rights of individuals who voluntarily or involuntarily leave work positions to undertake military service or certain kinds of service in the National Disaster Medical System. [105] The law also forbids companies from discriminating against staff members for past or present participation or membership in the uniformed services. [105] Policies that give preference to veterans versus non-veterans has been alleged to enforce systemic diverse treatment of ladies because there is a vast underrepresentation of ladies in the uniformed services. [106] The court has actually rejected this claim since there was no prejudiced intent towards females in this veteran friendly policy. [106]
Unintentional discrimination

Employment practices that do not directly victimize a secured classification may still be illegal if they produce a disparate effect on members of a secured group. Title VII of the Civil Liberty Act of 1964 restricts employment practices that have a discriminatory effect, unless they belong to task efficiency.

The Act requires the removal of artificial, approximate, morphomics.science and unnecessary barriers to employment that operate invidiously to discriminate on the basis of race, and, if, as here, a work practice that runs to omit Negroes can not be shown to be associated with task performance, it is forbidden, regardless of the employer's absence of discriminatory intent. [107]
Height and weight requirements have actually been determined by the EEOC as having a diverse influence on nationwide origin minorities. [108]
When defending versus a disparate impact claim that declares age discrimination, an employer, nevertheless, does not require to demonstrate requirement; rather, it needs to merely reveal that its practice is affordable. [citation needed]
Enforcing entities

The Equal Employment Opportunity Commission (EEOC) analyzes and enforces the Equal Pay Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Title I and V of the Americans With Disabilities Act, Sections 501 and 505 of the Rehabilitation Act, and the Civil Rights Act of 1991. [109] The Commission was established by the Civil Rights Act of 1964. [110] Its enforcement arrangements are consisted of in section 2000e-5 of Title 42, [111] and its guidelines and guidelines are included in Title 29 of the Code of Federal Regulations, part 1614. [112] Persons wanting to file fit under Title VII and/or the ADA must exhaust their administrative solutions by filing an administrative grievance with the EEOC prior to submitting their claim in court. [113]
The Office of Federal Contract Compliance Programs imposes Section 503 of the Rehabilitation Act, which prohibits discrimination against certified individuals with impairments by federal contractors and subcontractors. [114]
Under Section 504 of the Rehabilitation Act, each firm has and enforces its own guidelines that use to its own programs and to any entities that get financial assistance. [16]
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) imposes the anti-discrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which forbids discrimination based upon citizenship status or nationwide origin. [115]
State Fair Employment Practices (FEP) workplaces take the function of the EEOC in administering state statutes. [113]
Employment Non-Discrimination Act LGBT work discrimination in the United States Employment discrimination against individuals with criminal records in the United States Racial wage gap in the United States Gender pay space in the United States Criticism of credit scoring systems in the United States
References

^ a b c d e "Title VII of the Civil Liberty Act of 1964". US EEOC. Archived from the initial on December 20, 2023. Retrieved December 26, 2023. ^ a b "The Equal Pay Act of 1963". Archived from the original on April 5, 2020. Retrieved December 26, 2023. ^ Bostock v. Clayton County, 590 U.S. ___ (2020 ). ^ a b "Pregnancy Discrimination Act". Archived from the initial on May 12, 2009. Retrieved June 18, 2009. ^ a b "Americans with Disabilities Act of 1990, As Amended". ADA.gov. Archived from the original on December 20, 2023. Retrieved December 26, 2023. ^ "Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS". Archived from the original on July 22, 2009. Retrieved July 21, 2009. ^ a b "The Age Discrimination in Employment Act of 1967". Archived from the original on December 13, 2019. Retrieved December 26, 2023. ^ "USERRA - Uniformed Services Employment and Reemployment Rights Act". DOL. Archived from the original on December 11, 2023. Retrieved December 26, 2023. ^ a b 11 U.S.C. § 525 ^ a b "Genetic Information Nondiscrimination Act of 2008" (PDF). gpo.gov. May 21, 2008. Archived (PDF) from the initial on November 6, 2018. Retrieved January 6, 2015. ^ 8 U.S.C. § 1324b ^ a b Blankenship, Kim M (1993 ). "Bringing Gender and Race in: U.S. Employment Discrimination Policy". Gender and Society. 7 (2 ): 204-226. doi:10.1177/ 089124393007002004. JSTOR 189578. S2CID 144175260. ^ "Family and Medical Leave Act". Archived from the original on June 18, 2009. Retrieved June 18, 2009. ^ a b Rozmarin, George C (1980 ). "Employment Discrimination Laws and Their Application". Law Notes for the Family Doctor. 16 (1 ): 25-29. JSTOR 44066330. ^ Neumark, D (2003 ). "Age discrimination legislations in the United States" (PDF). Contemporary Economic Policy. 21 (3 ): 297-317. doi:10.1093/ cep/byg012. S2CID 38171380. Archived (PDF) from the original on June 2, 2018. Retrieved December 26, 2023. ^ a b c d "Guide to Disability Rights Laws". ADA.gov. December 20, 2023. Archived from the original on November 14, 2023. Retrieved December 26, 2023. ^ "30 USC Sec. 938". Archived from the original on June 7, 2011. Retrieved July 21, 2009. ^ "Summary of Immigration Reform and Control Act of 1986". Archived from the original on May 6, 2013. Retrieved August 14, 2021. ^ "42 U.S. Code § 1981 - Equal rights under the law". LII/ Legal Information Institute. Archived from the original on December 16, 2023. Retrieved December 26, 2023. ^ "42 U.S. Code § 1981a - Damages in cases of intentional discrimination in employment". LII/ Legal Information Institute. Archived from the original on November 27, 2023. Retrieved December 26, 2023. ^ "Employment Non-Discrimination Act (ENDA)". Archived from the original on June 17, 2009. Retrieved June 18, 2009. ^ Tilcsik, András (January 1, 2011). "Pride and Prejudice: Employment Discrimination versus Openly Gay Men in the United States". American Journal of Sociology. 117 (2 ): 586-626. doi:10.1086/ 661653. hdl:1807/ 34998. JSTOR 10.1086/ 661653. PMID 22268247. S2CID 23542996. Archived from the initial on December 26, 2023. Retrieved December 26, 2023. ^ "In Landmark Ruling, Feds Add Transgendered to Anti-Discrimination Law:: EDGE Boston, MA". Edgeboston.com. April 25, 2012. Archived from the original on April 15, 2019. Retrieved July 17, 2015. ^ Carpenter, Dale (December 14, 2012). "Anti-gay discrimination is sex discrimination, states the EEOC". The Washington Post. Archived from the initial on April 15, 2019. Retrieved July 17, 2015. ^ Tatectate, Curtis. "EEOC: Federal law prohibits workplace bias against gays, lesbians, bisexuals|Miami Herald Miami Herald". Miamiherald.com. Archived from the original on April 28, 2019. Retrieved July 17, 2015. ^ Burns, Crosby; Krehely, Jeff (June 2, 2011). "Gay and Transgender People Face High Rates of Workplace Discrimination and Harassment". Center for American Progress. Archived from the initial on November 26, 2019. Retrieved March 1, 2015. ^ "Sexual Orientation Discrimination in the Workplace". FindLaw. Archived from the original on May 7, 2021. Retrieved March 1, 2015. ^ Lowndes, Coleman; Maza, Carlos (September 23, 2014). "The Top Five Myths About LGBT Non-Discrimination Laws Debunked". Media Matters for America. Archived from the original on June 17, 2019. Retrieved March 1, 2015. ^ "Code of Alabama 25-1-21". Archived from the original on July 23, 2011. Retrieved July 27, 2009. ^ a b c "Alaska Statutes: AS 18.80.220. Unlawful Employment Practices; Exception". touchngo.com. Archived from the original on December 6, 2022. Retrieved December 26, 2023. ^ a b c d e f "Fair Employment and Housing Act (FEHA)". California Department of Fair Employment and Housing. CA.gov. 2010. Archived from the original on September 9, 2016. Retrieved September 9, 2016. ^ a b "Colorado Civil liberty Division 2008 Statutes" (PDF). Archived (PDF) from the initial on May 21, 2009. Retrieved December 26, 2023. ^ a b "Chapter 814c Sec. 46a-60". Archived from the original on October 17, 2009. Retrieved July 27, 2009. ^ a b "Delaware Code Online". delcode.delaware.gov. Archived from the initial on December 26, 2023. Retrieved December 26, 2023. ^ a b c d e "District of Columbia Human Rights Act of 1977; Prohibited Acts of Discrimination" (PDF). Archived from the initial (PDF) on July 23, 2009. Retrieved August 8, 2019. ^ "District of Columbia Human Rights Act of 1977; Tabulation, General Provisions" (PDF). Archived from the initial (PDF) on July 30, 2009. Retrieved July 27, 2009. ^ a b "Statutes & Constitution: View Statutes:-> 2008-> Ch0760-> Section 10: Online Sunshine". www.leg.state.fl.us. Archived from the original on December 26, 2023. Retrieved December 26, 2023. ^ "Georgia Fair Employment Practices Act". Archived from the initial on January 29, 2010. Retrieved July 27, 2009. ^ a b "Hawaii Rev Statutes 378-2". Archived from the initial on August 14, 2009. Retrieved December 26, 2023. ^ "Idaho Commission on Human Rights: Age Discrimination"". Archived from the initial on February 21, 2018. Retrieved December 26, 2023. ^ a b c "Illinois Human Rights Act". Archived from the original on April 20, 2023. Retrieved December 26, 2023. ^ a b "Indiana General Assembly". iga.in.gov. Archived from the original on December 25, 2023. Retrieved December 26, 2023. ^ "Iowa Code 216.6". Archived from the initial on December 26, 2023. Retrieved December 26, 2023. ^ "Kansas Age Discrimination in Employment Act" (PDF). Archived (PDF) from the initial on October 6, 2008. Retrieved December 26, 2023. ^ a b "Kentucky Revised Statutes 344.040" (PDF). Archived from the initial (PDF) on October 8, 2009. ^ "Louisiana Revised Statutes 23:352". Archived from the original on May 9, 2012. Retrieved December 26, 2023. ^ "Louisiana Revised Statutes 23:312". Archived from the original on May 9, 2012. Retrieved December 26, 2023. ^ "Louisiana Revised Statutes 23:311". Archived from the original on May 9, 2012. Retrieved December 26, 2023. ^ "Title 5, Chapter 337: HUMAN RIGHTS ACT". www.mainelegislature.org. Archived from the original on February 28, 2023. Retrieved December 26, 2023. ^ a b "Annotated Code of Maryland 49B.16". Archived from the original on September 29, 2011. Retrieved December 26, 2023. ^ "M.G.L. 151B § 4". Archived from the initial on July 7, 2010. Retrieved December 26, 2023. ^ "M.G.L 151B § 1". Archived from the initial on June 4, 2010. Retrieved December 26, 2023. ^ a b c "Elliott-Larsen Civil Rights Act" (PDF). Archived (PDF) from the initial on December 26, 2014. Retrieved December 26, 2023. ^ a b c "Minnesota Statutes, section 363A.08". Archived from the initial on September 6, 2015. Retrieved December 26, 2023. ^ " § 213.055 R.S.Mo". Archived from the original on May 23, 2009. Retrieved December 26, 2023. ^ a b "Montana Code Annotated 49-2-303". Archived from the original on September 1, 2009. Retrieved July 27, 2009. ^ a b "Nebraska Fair Employment Practices Act". Archived from the initial on November 26, 2009. Retrieved July 27, 2009. ^ a b "NRS: CHAPTER 613 - EMPLOYMENT PRACTICES". www.leg.state.nv.us. Archived from the original on December 24, 2023. Retrieved December 26, 2023. ^ a b "Section 354-A:7 Unlawful Discriminatory Practices". Archived from the initial on January 2, 2009. Retrieved December 26, 2023. ^ a b c d "New Jersey Law Against Discrimination (N.J.S.A. 10:5 -12)". ^ a b c "2006 New Mexico Statutes - Section 28-1-7 - Unlawful discriminatory practice". Justia Law. Archived from the original on September 28, 2023. Retrieved December 26, 2023. ^ a b c "New york city State Executive Law, Article 15, Section 296". Archived from the original on October 4, 2011. Retrieved July 27, 2009. ^ a b "New York Labor Law Section 201-D - Discrimination against the engagement in particular activities. - New York City Attorney Resources - New York Laws". law.onecle.com. Archived from the original on April 19, 2023. Retrieved December 26, 2023. ^ " § 95-28". www.ncleg.net. Archived from the original on April 19, 2023. Retrieved December 26, 2023. ^ " § 95-28". www.ncleg.net. Archived from the initial on December 15, 2023. Retrieved December 26, 2023. ^ a b c d "North Dakota Human Rights Act" (PDF). Archived from the initial (PDF) on July 18, 2009. Retrieved July 27, 2009. ^ "2006 Ohio Revised Code -:: 4112. Civil Rights Commission". Justia Law. Archived from the original on March 9, 2016. Retrieved December 26, 2023. ^ "Oklahoma Chief Law Officer|". www.oag.ok.gov. Archived from the initial on December 19, 2023. Retrieved December 26, 2023. ^ a b c "Oregon Revised Statutes, Chapter 659A". Archived from the original on August 16, 2023. Retrieved October 17, 2019. ^ "Laws Administered by the Pennsylvania Human Rights Commission" (PDF). [long-term dead link] ^ "State of Rhode Island General Assembly". www.rilegislature.gov. Archived from the initial on October 14, 2023. Retrieved December 26, 2023. ^ "South Carolina Human Affairs Law". Archived from the original on May 6, 2009. Retrieved July 27, 2009. ^ "Tennessee State Government - TN.gov". www.tn.gov. Archived from the initial on December 25, 2023. Retrieved December 26, 2023. ^ "LABOR CODE CHAPTER 21. EMPLOYMENT DISCRIMINATION". statutes.capitol.texas.gov. Archived from the original on September 25, 2023. Retrieved December 26, 2023. ^ "Utah Code 34A-5-106". Archived from the original on July 21, 2009. Retrieved December 26, 2023. ^ a b "Vermont Fair Employment Practices Act" (PDF). Archived from the original (PDF) on June 1, 2009. Retrieved July 27, 2009. ^ "Virginia Human Rights Act". Archived from the original on December 26, 2023. Retrieved December 26, 2023. ^ a b "RCW 49.60.180: Unfair practices of employers". apps.leg.wa.gov. Archived from the initial on November 29, 2023. Retrieved December 26, 2023. ^ "RCW 49.60.172: Unfair practices with regard to HIV or liver disease C infection". apps.leg.wa.gov. Archived from the initial on April 19, 2023. Retrieved December 26, 2023. ^ "RCW 49.60.174: Evaluation of claim of discrimination-Actual or viewed HIV or hepatitis C infection". apps.leg.wa.gov. Archived from the initial on April 20, 2023. Retrieved December 26, 2023. ^ "RCW 49.44.090: Unfair practices in employment due to the fact that of age of worker or applicant-Exceptions". apps.leg.wa.gov. Archived from the original on April 19, 2023. Retrieved December 26, 2023. ^ "State of West Virginia" (PDF). Archived (PDF) from the initial on February 16, 2012. Retrieved December 26, 2023. ^ a b c d "Wisconsin Statutes Table of Contents". docs.legis.wisconsin.gov. Archived from the original on November 3, 2023. Retrieved December 26, 2023. ^ Wyoming Code 27-9-105 [long-term dead link] ^ "22 Guam Code Ann. Chapter 3" (PDF). Archived from the original (PDF) on July 19, 2011. Retrieved July 29, 2009. ^ "22 Guam Code Ann. Chapter 5" (PDF). Archived from the initial (PDF) on July 19, 2011. Retrieved July 29, 2009. ^ a b "Puerto Rico Laws 29-I-7-146". Archived from the initial on February 20, 2012. Retrieved December 26, 2023. ^ "Puerto Rico Laws PR 29-I-7-151". Archived from the original on February 20, 2012. Retrieved December 26, 2023. ^ "Virgin Islands Code on Employment Discrimination § 451". Archived from the original on February 16, 2012. Retrieved December 26, 2023. ^ "LABOR CODE CHAPTER 22. EMPLOYMENT DISCRIMINATION FOR TAKING PART IN EMERGENCY EVACUATION". statutes.capitol.texas.gov. Archived from the original on June 29, 2023. Retrieved December 26, 2023. ^ "Addressing Sexual Orientation Discrimination In Federal Civilian Employment: A Guide to Employee's Rights". Archived from the original on January 14, 2007. ^ Rutenberg, Jim (June 24, 2009). "New Protections for Transgender Federal Workers (Published 2009)". The New York Times. Archived from the original on April 20, 2023. ^ a b "Federal Employee Speech & the First Amendment|ACLU of DC". www.acludc.org. November 9, 2017. Archived from the initial on September 21, 2023. Retrieved April 14, 2023. ^ "Justice Department Announces Findings of Two Civil Rights Investigations in Ferguson, Missouri". www.justice.gov. March 4, 2015. Archived from the original on August 12, 2023. Retrieved April 14, 2023. ^ a b c "When is it legal for a company to discriminate in their employing practices based upon an Authentic Occupation Qualification?". University of Cincinnati Law Review Blog. April 27, 2016. Archived from the original on April 18, 2023. Retrieved April 14, 2023. ^ a b c "CM-625 Bona Fide Occupational Qualifications". US EEOC. January 2, 1982. Archived from the original on December 12, 2023. Retrieved April 14, 2023. ^ a b "United Automobile Workers v. Johnson Controls, 499 U.S. 187 (1991 )". Justia Law. Archived from the original on December 18, 2023. Retrieved April 14, 2023. ^ "Dothard v. Rawlinson, 433 U.S. 321 (1977 )". Justia Law. Archived from the original on December 18, 2023. Retrieved April 14, 2023. ^ "Religious Discrimination - Workplace Fairness". www.workplacefairness.org. Archived from the initial on November 12, 2023. Retrieved August 20, 2019. ^ "Questions and Answers about Religious Discrimination in the Workplace". www.eeoc.gov. January 31, 2011. Archived from the original on March 5, 2020. Retrieved August 20, 2019. ^ "Sincerely Held or Suddenly Held Religious Exemptions to Vaccination?". www.americanbar.org. Archived from the initial on December 19, 2023. Retrieved April 14, 2023. ^ Thom Patterson (November 10, 2016). "Get ready for more US females in combat". CNN. Archived from the initial on April 19, 2023. Retrieved August 20, 2019. ^ http://www.militaryaerospace.com/blogs/mil-aero-blog/2012/12/conspicuous-gallantry-doris-miller-at-pearl-harbor-was-one-of-world-war-ii-s-first-heroes.html Archived May 30, 2023, at the Wayback Machine [1] ^ Gates, Henry Louis; Root, Jr|Originally published on The (January 14, 2013). "Segregation in the Army During The Second World War|African American History Blog". The African Americans: Many Rivers to Cross. Archived from the initial on June 21, 2020. Retrieved August 20, 2019. ^ a b "USERRA - Uniformed Services Employment and Reemployment Rights Act". DOL. Archived from the initial on December 11, 2023. Retrieved April 14, 2023. ^ a b "Personnel Adm'r of Massachusetts v. Feeney, 442 U.S. 256 (1979 )". Justia Law. Archived from the initial on December 18, 2023. Retrieved April 14, 2023. ^ "FindLaw's United States Supreme Court case and opinions". Findlaw. Archived from the initial on August 25, 2019. Retrieved August 20, 2019. ^ "Shaping Employment Discrimination Law". Archived from the original on May 11, 2009. Retrieved July 28, 2009. ^ "Federal Equal Employment Opportunity (EEO) Laws". Archived from the original on August 6, 2009. Retrieved July 28, 2009. ^ "Pre 1965: Events Leading to the Creation of EEOC". Archived from the initial on August 26, 2009. Retrieved July 28, 2009. ^ "42 U.S. Code § 2000e-5 - Enforcement provisions". LII/ Legal Information Institute. Archived from the initial on November 1, 2019. Retrieved December 26, 2023. ^ "PART 1614-- FEDERAL SECTOR EQUAL JOB OPPORTUNITY". Archived from the initial on July 27, 2009. Retrieved July 28, 2009. ^ a b "Filing a Charge of Employment Discrimination". Archived from the original on August 12, 2009. Retrieved July 28, 2009. ^ "The Rehabilitation Act of 1973, Section 503". Archived from the initial on August 2, 2009. Retrieved August 1, 2009. ^ "An Overview of the Office of Special Counsel for Immigration-Related Unfair Employment Practices". Archived from the initial on May 31, 2009. Retrieved July 30, 2009. External links

Directory of state labor departments, from the U.S. Department of Labor Disability Discrimination, by the U.S. Equal Job Opportunity Commission Sex-Based Discrimination, by the U.S. Equal Employment Opportunity Commission Your Rights At Work (Connecticut).

• Barnes, Patricia G., (2014 ), Betrayed: The Legalization of Age Discrimination in the Workplace. The author, a lawyer and judge, argues that the U.S. Age Discrimination in Employment Act of 1967 stops working to secure older workers. Weak to start with, she specifies that the ADEA has been eviscerated by the U.S. Supreme Court.
• Tweedy, Ann E. and Karen Yescavage, Employment Discrimination Against Bisexuals: An Empirical Study, 21 Wm. & Mary J. Women & L.