Employee job discrimination

• Employment Discrimination law, a subset of Employment Law, refers to the laws that protect employees from discrimination on the basis of age, race or nationality, gender, sexual orientation, disability, religion or various other reasons. Federal and state statutes make up most of the employment discrimination laws. There are many practices that have been identified as discriminatory, which are legally prohibited. They include demonstrating discriminatory bias in the following work-related activities: promoting, transferring, recalling and laying off workers; compensating, assigning and classifying employees; dispensing fringe benefits; hiring and/or firing employees; recruiting workers and posting job openings; testing; training and apprenticeship programs; retaliation; pay, retirement and disability leave; and various types of harassment.

Federal Laws Prohibiting Job Discrimination

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, colour, religion, sex, or national origin.

the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older

• Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

Sections 501 and 505 of the Rehabilitation

Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government

• Title II of the Genetic Information Non discrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and

• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

You can not discriminate people

on bases of

• It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

• A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

CASE

Makky vs Chertoff

• Appeals court held that a government employee who sued for discrimination based on his religion and national origin had no suit as the reason for his loss of employment was the loss of his security clearance, a necessary condition of continued employment.

FACTS

• Makky, a Muslim, was born in Egypt and worked in the U.S. An expert on explosives, he worked for the Transportation Safety Administration (TSA). In 1987 he was granted “secret” level security clearance. In 1996, the clearance was upgraded to “top secret.” At that time, he notified the government that he was a dual citizen, also holding Egyptian citizenship. The quality of his work was excellent. In 2003, the TSA began to review his security clearance. His clearance was revoked because of his failure to disclose foreign relatives and foreign associates. The loss of his clearance meant suspension without pay. Makky appealed, but the administrative judge upheld the TSA decision. He sued for discrimination based on religion and national origin. The trial court held for the TSA. Makky appealed.

DECISION

• Affirmed. Makky failed to establish a prima facie case of employment discrimination given the evidence that he no longer possessed a security clearance as required for his position. The TSA had the right to suspend Makky since he lacked a clearance. He was given the reason for the loss of his clearance, which is all that is required in such instances.