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.)

Statutes

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)

ADEA

• Age Discrimination in Employment Act

ADA & the Rehabilitation Act of 1974

• Twins, but ADA more important

FMLA

• 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