If passed by Congress, Employment Non-Discrimination Act (ENDA) will provide protection for the LBGT community who are currently not covered by state laws or by the narrow protections Title VII may provide. Research has shown that discrimination against LBGT people is real and has a significant impact on their lives from being hired, passed up for promotions, and even preventing them from earning an income equal to their heterosexual counterparts. ENDA will give these individuals an opportunity to live open lives and a fair chance to compete in the workforce without fear of discrimination. It may also help decrease some of the mental health issues caused from the stressful social environment. Based on a nationally represented sample from a …show more content…
815 – Employment Non-Discrimination Act of 2013 was passed by the Senate on November 11, 2013. The bill as it is currently written prohibits employers with 15 or more employees from discriminating against an individual based on an their actual or perceived sexual orientation or gender identity. The bill also protects those who are discriminated against for associating with LGBT persons. The bill models Title Vll, ADA, and ADEA in that employers are prohibited from failing or refusing to hire, terminating, or discriminating against an employee with respect to compensation, terms, conditions, or privileges of employment because of their actual or perceived sexual orientation or gender identity. They are also prohibited from retaliating against an employee or engaging in practices that could adversely affect these individuals. Employment agencies are prohibited from failing or refusing to refer an individual for employment because of their actual or perceived sexual orientation or gender identity. Employers are also prohibited from discriminating against these individuals from denying admission or employment in training programs, including on the job training. (S.815, 2013-2014; Bennett-Alexander, D. & Hartman, L, …show more content…
Douglas Marshall-Steele (Deleware), a registered nurse, was fired shortly after contacting administration to report anti-gay statements and behavior by one of the doctor’s on staff. After an investigation, it was found that the doctor was also sexually harassing female nurses. Doug was able to file a suit with EEOC stating the hospital retaliated against him for reporting the anti-gay comments and eventually settled out of court. In this case Doug prevailed, but if the remarks had been limited to sexual orientation, Doug would have had no legal recourse to proceed because at the time, Delaware did not have laws to protect workplace discrimination. (Vagins,
The ADA prohibits employer discrimination against qualified individuals with a disability in regard to application procedures, hiring and firing, promotions, pay, training, and other terms, conditions, and privileges of employment (Hernandez, 2001). This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals w...
Sections 501, 503, and 504 are some of the extremely important sections under Title V. Affirmative action is required and discrimination is prohibited within employment by Federal agencies of the Executive branch of government in 501. Federal government contractors and subcontractors with contracts of more than $10,000 are required to use affirmative action and are also prohibited from discriminating against employees. This section would include employers with such contracts as colleges and universities, training programs, and private defense and research companies. Section 504 requires that qualified individuals with disabilities shall not be excluded from, denied access to or be subjected to discrimination under any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the U.S.... ...
Lesbian, gay, bisexual, and transgender (LGBT) individuals people make up more than ten percent of the population; that means if you are sitting in a classroom of thirty, then more than three of those people are LGBT individuals. However, this overwhelmingly large minority group continues to be one of the least protected by the government as well as most heavily targeted by discrimination and hate crimes. Regardless of the powerful shift in public opinion concerning LGBT individuals during the last twenty years, the laws concerning hate crimes have remained invariable.
The Fair Labor Standards Act The Fair Labor Standards Act (FLSA) was passed by Congress on June 25th, 1938. The main objective of the act was to eliminate “labor conditions detrimental to the maintenance of the minimum standards of living necessary for health, efficiency and well-being of workers,”[1] who engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce. A major provision of the act established a maximum work week and minimum wage. Initially, the minimum wage was $0.25 per hour, along with a maximum workweek of 44 hours for the first year, 42 for the second year and 40 thereafter. Minimum wages of $0.25 per hour were established for the first year, $0.30 for the second year, and $0.40 over a period of the next six years.
People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones, 2011). It is mandatory for organizations to make necessary accommodations for the employee’s disabilities unless it would create an undue hardship to the organization. However, new laws were passed stating that if accommodations would be too burdensome, and no other solutions can be found for the job, the disable person must be given another vacant job (Sotoa & Kleiner, 2013). The requirements for employers under ADA are very strict and organizations must work diligently to provide the needs of the employees with disabilities to comply with the law.
The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.
Any company with 15 or more employees must be in full compliance with the ADA. The ADA, "prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment" (U.S. EEOC, 2007). This includes applicants for employment and existing employees.
Grant, Jaime M., Ph.D., Lisa A. Mottet, J.D., Justin Tanis, D.Min., Jack Harrison, Jody L. Herman, Ph.D., and Mara Keisling. Injustice at Every Turn: A Report of the National Transgender Discrimination Survey. Rep. National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011. Web. 22 May 2014.
Lesbian, gay, transgendered, bi-sexual and those who question their sexuality are discriminated against and in turn, have higher rates of depression. Discrimination in the workplace and in everyday life can be taxing which causes depression to be more prevalent in today's society. In turn, people apart of the LGBTQ community seek therapies, medications and places where they can be heard to ease this burden. Throughout this essay I am hoping to try to find ways for our community to actively prevent this discrimination from continuing. This topic needs extensive research because depression is highly prevalent in this group of the population today.
“The Fair Labor Standards Act (FLSA) was created in 1938 to establish a minimum wage and a limit on the number of hours which may be worked in a standard work week. It also provides standards for equal pay, overtime pay, record keeping, and child labor.” This law was created during a time period of great financial and political turmoil.
The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit (Laws Enforced by EEOC, 2017). These laws protect people from businesses turning them away for any or no reason at all. For example, veterans with disabilities are covered because of injuries they can easily be discriminated against. There are more specific laws for those with disabilities but the equal employment laws apply
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
According to the research done in the year 2013 found that most of the LGBT community members were highly mistreated badly by their bosses who discriminated them in respect to their sexuality transgender and sex personality (Gates, 2011). This act did not please LGBT community and made them to go streets campaigning to be given their job rights and be respected by their employers.. Another report which was done in the same year by the National Black Justice Coalition found that majority of the LGBT community group around 50% who are black Africans were highly discriminated and segregated at workplace. They were not given equal rights like the other Americans but instead got fired from jobs and sometimes undermined. Around 22 states have passed laws making work separation because of sexual introduction unlawful 19 likewise incorporate sex personality LGBT specialist’s still need government assurance (Gates, 2011). Poverty is also another ethical issue experienced by LGBT community. Research demonstrates that against LGBT segregation affects LGBT specialists' monetary prosperity, prompting high rates of joblessness, vagrancy, weakness and sustenance instability. Seat found that LGBT laborers will probably acquire less every year contrasted with the general U.S. populace. Furthermore, from the analysis done about discrimination of LGBT community in employment showed that that Transgender people
sexual to get a job, as it would be for a heterosexual. Companies and other major firms would rather choose someone that is straight then someone having the same sex partner. Sometimes homosexuals get the job but they do not have the same rights as any other employee would. Though out the United States there has been more then a dozen of cases dealing with equal employment opportunities. The university of Pittsburgh denies their lesbian and gay employees equal compensation by refusing to provide their1 partners the same health insurance benefits that they provide to spouses of heterosexual employees. Gays and lesbians should have the same rights to have relationships as everyone else, and should have the same employment opportunities.
1 vols. Issues: Hate Crimes. 14 March 2014 www.hrc.org/the-hrc-story>. Joanna Almeida, Renee M. Johnson, Heather L. Corliss, Beth E. Molnar. Emotional Distress among LGBT Youth: The Influence of Perceived Discrimination Based On Sexual Orientation.