HR law

Can the protections under employment law be understood or applied fairly? It is very complicated. The basic rule is an employee works at will so the employee can be fired anytime. The United States federal government protect employees from discrimination based on race, color, religion, sex, and national origin with Title VII of the Civil Rights Act of 1964; based on age, those over 40 years of age with the Age Discrimination in Employment Act (ADEA); and based on a disability with the Americans with Disabilities Act (ADA).(Mobile P. 4, 2012) The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces Title VII. Some local jurisdictions have protections which make it confusing. (Compensating 2011)

Employees working in the U.S whose employer is overseas are usually protected if the employer has at least 15 employees. A U.S. employer is one who has significant control in the U.S based on factors including the principal place of business, the nationality of those in control and the location of ownership and financial control. Employees working in the U.S for a foreign employer are considered protected by the U.S. laws (Mobile p. 4-5, 2012).

Appearance or being pretty is an example of differing laws. Appearance is only a reason for a discrimination claim if there is also a violation of Title VII, the ADA, or the ADEA. For example, a severe burn scar, which can affect appearance, this has been found to be a disability under ADEA (Appearance 2013). Height and weight is not protected unless the employer treats only one gender with specific height and weight requirements. Michigan, Santa Cruz, CA., Washington D.C., San Francisco, CA. and New York have laws against height and weight discrimination. Some also...

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...00 more in a lifetime. Perhaps good looking females recoup the less hourly wage over a lifetime (US 2010).

References

Cavico, F. J., Muffler, S. C., & Mujtaba, B. G. (2013). Appearance discrimination in employment. Equality, Diversity and Inclusion: An International Journal, 32(1), 83-119. doi:http://dx.doi.org/10.1108/02610151311305632

Hersch, J (2011). Compensating differentials for sexual harassment. The American Economic Review, 101(3), 630-634. doi:http://dx.doi.org/10.1257/aer.101.3.630

Honoree, A., Terpstra, D., & Friedl, J. (2010). US employment discrimination cases: Does race/gender matter? Equality, Diversity and Inclusion: An International Journal, 29(8), 787-798. doi:http://dx.doi.org/10.1108/02610151011089528

Schwartz, J. C., & Lucas, A. R. (2012). The mobile executive: US employment law. Business Law International, 13(3), 263-277,241