Employment Issues and Situations of Employment Laws

Employment Issues and Situations Involving Employment Laws

While federal employment laws have been implemented into the workforce, there is a history behind how these federal employment laws came about. This paper will discuss the history behind some of these federal employment laws and discuss issues and situations in which these federal employment laws where applied. The federal employment laws and situations that will be discussed in this paper include Title VII of the Civil Rights Act of 1964, The Pregnancy Discrimination Act of 1975, The Americans with Disabilities Act of 1990, The Age Discrimination in Employment Act of 1967, and The Family and Medical Leave Act of 1993.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil rights Act of 1964 is a law that outlaws discrimination based on race, color, religion, sex, or national origin. This act was originally conceived to protect the rights of black males and was later amended to protect the civil rights of everyone in the United States. The amendment also stipulated that women of all races are to be afforded the same protection under this law. (Travel and History, 2009)

President John F. Kennedy promised action and initiated the bill that was sent to congress, but passed away shortly after the bill was sent to Congress. Due to the passing of President Kennedy the follow through of the act was left to President Lyndon B. Johnson. Title VII of the Civil Rights Act of 1964 prohibited discrimination in public facilities, in government, and in employment, which transformed American society during the modern civil rights movement.

The Pregnancy Discrimination Act of 1975

Title VII of the Civil Rights Act includes sex within the protected characteristics, although Congress was uncertain at the time whether pregnancy fell within the scope of Title VII. Early guidance from the Equal Employment Opportunity Commission (EEOC) suggested that pregnancy and other pregnancy related conditions were to be included within Title VII's coverage.

In 1976 the Supreme Court addressed the prohibition against discrimination on the basis of sex and whether pregnancy and pregnancy related conditions fell within the parameters in General Electric Company v. Gilbert. In this case females alleged that General Electric Company was in violation of Title VII by not offering the same benefits to women who became pregnant. The Supreme Court ruled in favor of General Electric Company stating that only women could become pregnant and that the different treatment was gender based. In response to this case Congress amended Title VII by passing the Pregnancy Discrimination Act of 1978. This act provided that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefits. (Baker, 2008)

The Americans with Disabilities Act of 1990

The American with Disabilities Act of 1990 (ADA) was signed into law July 26, 1990. The ADA obligates employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities. Title I of the ADA prohibits employment discrimination against individuals with disabilities in regard to applying for jobs, hiring, compensation, training, promotion, and termination. Title I requires employers to accommodate individuals with disabilities that do not cause undue hardship to the employer. Some accommodations include facility accessibilities, work schedules, part time employment, and interpreters. Employers are not obligated to provide accommodations if the actions would require significant difficulty or expense. The EEOC considers an employer's type of operation and overall financial resources when ruling on such instances. (Cheesman, 2007)

Employment Situation

Last year an employee with my organization was promoted from a telemarketing position within the organization to a Compliance Specialist. This employee is unable to walk and uses the assistance of a wheel chair for mobility. Both of these positions are located in the same building. Due to consolidation these positions were later moved to another building to improve the flow of operations. The employee thought that the move of operations was unlawful due to the nature of their condition. The building that these positions were being moved to, were