Overview:
This Course is approved by HRCI and SHRM Recertification Provider.
Numerous federal, state, and local laws prohibit employment discrimination. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Pregnancy Discrimination Act, the Americans With Disabilities Act of 1990 and the ADA Amendments Act, and the Genetic Information Nondiscrimination Act prohibit employment discrimination based on race, color, religion, national origin, sex, pregnancy, age, disability, and the use genetic information in all facets of the employment relationship.
Many state and local laws expand the scope of Title VII and prohibit employment discrimination based upon such additional categories as sexual orientation or preference and marital status. Executive Order 11246 prohibits employment discrimination by federal contractors and subcontractors and the Immigration Reform and Control Act of 1986 prohibits employment discrimination based on citizenship.
The number of discrimination charges filed for fiscal year 2014 decreased by 5.2% to 88,778 from 93,727 in fiscal year 2013 - partly because of budgetary sequestration. Retaliation charges from all statutes were again the most numerous charges in fiscal year 2014. The percent of charges based on disability and age also increased. During the same period claims based on race decreased by 0.3%; by sex: 0.2%; by national origin: 0.6%; and by color: 0.3%.
The cost of employment discrimination can be substantial. For fiscal year 2014 the EEOC announced that it secured more than $300 million in monetary relief through its private sector administrative enforcement, which includes mediation, settlements, and withdrawals with benefits. Of this amount, more than $35 million came from investigations and conciliations of systemic charges of discrimination.
Non-complying employers face discrimination charges that include remedies of reinstatement, back pay, injunctions, and, in some cases, fines, and attorneys' fees. The 1991 amendments to Title VII included the right to a jury trial in cases of intentional discrimination and for awards of compensatory and punitive damages up to $300,000 - depending on the size of the employer -in addition to the equitable remedies mentioned above. Equally important, court decisions and settlement agreements frequently result in the loss of managerial prerogatives to make hiring, firing, and other employment decisions, require the organization to conduct specified training programs, and impose a third party observer to monitor compliance. Thus employers have a specific need to ensure compliance.
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Contact Details:
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