ECE _DSST _ Human Resource MGMT

If the employer can prove that there is a genuine

Info iconThis preview shows pages 20–22. Sign up to view the full content.

View Full Document Right Arrow Icon
If the employer can prove that there is a genuine public safety risk, then age can be legitimate justification for discrimination. An example would be in the transportation industry, where age requirements can be laid down for employees such as train and bus drivers.
Background image of page 20

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
The Equal Employment Opportunity Act of 1972 (EEOA) extended the coverage of the Civil Rights Act (1964) to include state and local governments as well as public and private educational institutions. Educational institutions were included as it was felt that there was a gap in the coverage of the antidiscrimination legislation. The EEOA also increased the powers of the EEOC enabling them to sue employers into enforcement of the provisions of the Act. This was introduced to ensure that errant employers were punished and the rules applied. Nowadays, regional enforcement centers handle these matters. In 1978 , the Civil Rights Act (1964) was amended by the Pregnancy Discrimination Act. Employers were forcing pregnant women to resign or take a sabbatical if they became pregnant and so this Act prohibits discrimination on the basis of pregnancy. The Americans with Disabilities Act of 1990 (ADA) was passed to protect individuals with chronic illness, physical or mental disabilities from discrimination by employers. This is one of the protected classes of individuals within this legislation. Examples of chronic illness would include illnesses such as multiple sclerosis. The legal definition of the term disability is ambiguous and so has caused confusion amongst managers but the 2002 case of Toyota v. Williams ruled that if a physical or mental impairment was correctable, then it was not a disability . The Court determined that mere diagnosis of the impairment was insufficient for coverage under the ADA. It was necessary that the impairment not be mitigated by corrective measures. The employer must make reasonable accommodation for qualified, disabled employees unless to do so will cause them undue hardship. This refers to unusual modifications or particularly expensive ones that would unduly burden the employer The ADA applies to employers with more than 15 employees and integrates the remedies found in Title VII of the Civil Rights Act for injunctive relief, initial employment, reinstatement and backpay against the employer. Backpay is one of the remedies available to employees if they have been discriminated against. So, they will be recompensed for the amount of pay they lost from the time they were inappropriately dismissed. The Civil Rights Act of 1991 amends Title VII of the Civil Rights Act 1964, with one of the main changes being the award of damages for deliberate discrimination or illegal harassment . Employees can claim compensatory or punitive damages for deliberate or intentional discrimination. This is meant to deter employers from thinking they can get away lightly. Employees who are sent abroad to work are protected
Background image of page 21
Image of page 22
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page20 / 28

If the employer can prove that there is a genuine public...

This preview shows document pages 20 - 22. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online