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Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age , race , gender , sex (including pregnancy , sexual orientation , and gender identity ), religion , national ...
Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. [citation needed] Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties.
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [ 96 ] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill.
Charges filed under the Equal Pay Act or Age Discrimination in Employment Act do not require a right to sue. Age discrimination lawsuits may be filed 60 days after the charge has been filed with the EEOC, while lawsuits due to wage discrimination based on sex may be within two years from the last discriminatory paycheck. [11]
Executive Order 11246, signed by President Lyndon B. Johnson, was an executive order of the Article II branch of the United States federal government, in place from 1965 to 2025, specifying non-discriminatory practices and affirmative action in federal government hiring and employment.
Courts dealt with issues about equal opportunities, such as the 1989 Wards Cove decision, the Supreme Court ruled that statistical evidence by itself was insufficient to prove racial discrimination. The Equal Employment Opportunity Commission was established, sometimes reviewing charges of discrimination cases which numbered in the tens of ...