Basic Employment Anti-Discimination Statutes

Note: Employment generally “at will”: can fire for any reason, etc.
  • Cases must allege specific violations of prohibited factors (race, etc.)

Title VII: The Biggie

Equal Pay Act
  • Gender, salary/wage discrimination
  • Better relief available than under other statutes
Title IX
  • Sex discrimination in education
  • Includes employment discrimination
Title VI
  • Federal funds recipients
  • Can’t discriminate on the basis of race or national origin
Section 1981
  • Originally the 1866 Civil Rights Act
  • Everyone has same rights as white citizens to form contracts
  • Covers discrimination based on ethnicity
  • Different than national origin
  • Thus not vs. Canadians, but yes vs. Jews (but not Catholics! not an ethnicity)
  • Age Discrimination in Employment Act
ADA & the Rehabilitation Act of 1974
  • Twins, but ADA more important
  • Family Medical Leave Act
Executive Order banning discrimination
  • Can threaten to cut off federal funds
  • Produced “voluntary” compliance
State and Local Laws
  • Statutes against discrimination
  • Constitutions
  • Municipal ordinances
Tort in many states
  • Intentional Infliction of Emotional Distress

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Related Notes

Related Commentary