Workplace Discrimination: Types and Regulations Research Paper

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Introduction

As people spend most of their time at work, interactions they have in the workplace play a significant role in their lives. Negative opinions can be voiced in any environment, but employment also provides a person with the right to be protected from unjust treatment and harmful behavior. This is the definition of discrimination – unfair treatment of a person caused by personal characteristics (U.S. Equal Employment Opportunity Commission [EEOC], 2023b). The EEOC (2023b) identifies many types of discriminatory behavior, including mistreatment based on age, race, color, gender, sexual orientation, disability, religion, retaliation, and more. Each category is protected by law, and the legislation continues to evolve to create a better environment for workers.

Discussion

The variety of laws prohibiting workplace discrimination has changed with the evolving societal views. Currently, the primary measure against employment discrimination is Title VII of the Civil Rights Act of 1964 (EEOC, 2023a). Under Title VII, workers cannot be unjustly or unfavorably treated based on race, religion, sex, color, and national origin (EEOC, 2023a). Therefore, this law considers only a part of the potential reasons identified at the present time. However, it has a broad range of employee protections and establishes the basis for anti-discriminatory practices. Gender equality is further entrenched in the Equal Pay Act of 1963 (EPA) (EEOC, 2023a). This particular law is concerned with the problem of the gender pay gap, which means that women get paid less than men or are not considered equal to male colleagues. Another law added in the 1960s is the Age Discrimination in Employment Act of 1967 (ADEA) (EEOC, 2023a). ADEA protects adults over 40 from being mistreated, unjustly fired, or passed for promotion and hiring.

After the 1960s, several new laws were developed to include new types of discrimination. In the 1970s and the 1990s, disability rights evolved with the introduction of the Rehabilitation Act and the Americans with Disabilities Act (ADA) (EEOC, 2023a). The first considers disabled people’s right to fair employment and treatment in federal governments, while the other includes private businesses, as well as local and state government bodies. Most recently, in 2008, the Genetic Information Nondiscrimination Act (GINA) was introduced to protect people’s misuse of health information by employers or other workers to maltreat them in the workplace (EEOC, 2023a). This law restricts the use of one’s genetic information to fire somebody or deny them equal professional opportunities.

It can be seen from the discussion that not all types of discrimination appear to have their own separate anti-discrimination law. For example, sexual orientation and gender identity are not explicitly included in any of the acts. However, the case Bostock v. Clayton County from 2020 laid the grounds for using Title VII to protect people from being discriminated against on these bases (Bornstein, 2021). Similarly, sexual harassment – inappropriate questions, sexual advances, and verbal or physical mistreatment linked to sexual behavior – is also covered by Title VII (Bornstein, 2021). Thus, it is possible to say that the recent cases show an evolution of discrimination laws according to people’s needs.

Conclusion

To conclude, workplace discrimination is a serious problem that requires careful consideration and a robust legal system. This behavior can be based on people’s race, age, sex and gender, sexual orientation, disability status, and much more. Among the laws protecting individuals from discrimination in the workplace, Title VII covers the majority of potential cases. At the same time, ADA, EPA, ADEA, and GINA include additional regulations to help employees be treated fairly. The laws continue to change to respond to issues that become more pressing or more visible for employment.

References

Bornstein, S. (2021). Disclosing discrimination. Boston University Law Review, 101, 287-358.

U.S. Equal Employment Opportunity Commission. (2023a). . Web.

U.S. Equal Employment Opportunity Commission. (2023b). Web.

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IvyPanda. 2024. "Workplace Discrimination: Types and Regulations." February 1, 2024. https://ivypanda.com/essays/workplace-discrimination-types-and-regulations/.

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IvyPanda. "Workplace Discrimination: Types and Regulations." February 1, 2024. https://ivypanda.com/essays/workplace-discrimination-types-and-regulations/.

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