Tort Law

Employment Law Report

Maurice N. Wells

HRM/531

June 27, 2016

Dr. Dennis Cashman

Employment Law Report

Introduction

Employment laws that govern the practices of organizations to ensure compliance and investigate violations of these laws were established to protect potential employees as well as employers from facing serious consequences of discrimination. Title VII of the Civil Rights Act of 1964 sets the guidelines and policy in which companies must operate within to allow all qualified applicants the opportunity to un-bias consideration for employment, as well as the consequences that can result from non-compliance. During this discussion, we will explore several laws that followed as a result of the enactment of this Act.

Age Discrimination in Employment Act of 1967

The ADEA can be defined as the discrimination against potential applicants due to their age, specifically those individuals between the ages of 40 and 65. The idea that a person who is of a certain age cannot perform a specific job description due to their age is in itself discriminatory in nature and is a subjective view of hiring managers. The argument and in some cases determined by Supreme Court decisons, is that no person shall be denied unemployment because of their age, and those applicants of a younger age shouldn’t receive favorable consideration because they are younger. If a person is competently and physically fit to perform a task, then the age of an individual should not be a factor.

The Americans with Disabilities Act of 1990 (ADA)

What is disappointing and a serious violation of civil liberties is the denial of employment to an individual due to a disability that applicant may have or the perception of one. The ADA restricts employers from discrimination of disabled applicants who are deemed qualified for employment. Furthermore, employees are prohibited, as stated under this Act, from determining the eligibility of an applicant or employee due to a perception of physical...