Professor Giordano Case

Giovanna M. Mercurio 03/25/14

Professor Giordano Rec 3903.20

Midterm

1. Employment law prevents discrimination in the workplace. These laws established by the

government protects employees and candidates from discrimination because of age, disability, gender, religion, race, color, and national origin. These laws allow citizens to apply freely to jobs they are qualified to perform. Discrimination in the workplace is not non-existent, but without employment laws, discrimination would be much more prevalent and unregulated. The three federal unemployment laws are: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act of 1990. Affirmative action sets a minimum quota of a protected class such as women that a company must employ, further encouraging diversity in the workplace while due process protects an employee from being terminated for illegitimate reasons.

Title VII of the Civil Rights Act of 1964 prevents discrimination in employment due to race, color, national origin, gender, and race. An employer cannot hire or terminate an employee because of the way they look or where they come from. An employer also cannot treat an employee of one race or gender differently from a coworker of a varying race or gender. Under this law, a person who feels they are being discriminated against can file a claim with the Equal Employment Opportunity Commission. Evidence of discrimination and proof of qualification for the job should be provided to back the claim.

The Age Discrimination in Employment Act was set forth in 1967 and prevents discrimination for people age forty and older. The act allows the elderly to continue to work as long as their profession physically allows them to do so. It also allows the unemployed population of people forty and older to be newly hired. People are protected from being fired because they have reached a certain age.

The Americans with Disabilities Act (ADA) of 1990 requires reasonable accommodation in the workplace. In other words, an employer must find alternatives or simplify tasks to accommodate an employee disability, allowing that employee to properly perform their job. Affirmative action is a big part of the ADA, requiring companies to actively hire people with disabilities.

An employee terminated under any circumstance is benefited due process. Due process is protection under the U.S government of an individual's freedom of speech, religion, and the right to property and the lawful way the government may take away those rights. Employment in this aspect is considered a property right. Due process allows an employee to plead their case and be heard before being fired and also gives a certain time frame for