Question

List the 3 pieces of legislation that protect employees from discrimination. What defenses does an organization have if it is sued for discrimination?

Answer 1

Discrimination can take place for a number of reasons, from race to sexual orientation, with different levels of protection based on discrimination, how it occurred, and where it occurred. Anti-discrimination laws protecting employees Titled VII of the Civil Rights Act of 1964 is the primary law providing protection from discrimination in places of work. Its main purpose was to remove unequal treatment of others in the workplace based on their race, ethnicity, religion, sex, and national origin. Over time, new legislation has been introduced to further broaden and increase the level of workplace discrimination protection. The 1963 Equal Pay Act provides equal compensation for men and women doing the same jobs. 1967's Age Discrimination in Jobs Act protects people aged 40 and over from workplace discrimination. Employees are covered under federal, state, and local anti-discrimination laws. The U.S. Constitution and some state constitutions provide additional protection when the employer is a government body. In this regard, Australia was the world's first country to introduce sex discrimination legislation, in a landmark case involving lesbian women in 1991. Since that time, legislation has become more comprehensive, covering discrimination based on race, religion, sex, disability, age, marital status and age. When someone experiences discrimination in their workplace, they can file a complaint with their employer.The Equal Employment Opportunity Commission responsible for enforcing federal discrimination law. Judicial action can also be taken, if necessary, against an employer who discriminated against an employee.
It is absolutely necessary that an organization take reasonable care to prevent and correct discrimination activities. The first element of an affirmative defense requires that HR department takes care and uphold anti-discrimination policies followed by a complaint procedure, and initiate a process of investigating and managing a complaint whenever it occurs. The victim has an obligation to report the offending behavior as outlined in the organization's complaint procedure. Therefore, it is imperative that an organization has a safe process where the victim can report inappropriate behavior without any fear of retaliation or loss of confidentiality. In this way the victim unreasonably fails to take advantage of the process and the organization may not be liable for the discrimination.