Employment Discrimination

Employment Discrimination laws seek to prevent discrimination based on race, sex,

religion, national origin, physical disability, and age by employers. There is also a growing body

of law preventing or occasionally justifying employment discrimination based on sexual

orientation. Discriminatory practices include bias in hiring, promotion, job assignment,

termination, compensation, and various types of harassment. The main body of employment

discrimination laws is composed of federal and state statutes. The United States Constitution and

some state constitutions provide additional protection where the employer is a governmental

body or the government has taken significant steps to foster the discriminatory practice of the

employer.

The Fifth and Fourteenth Amendments of the United States Constitution limit the power

of the federal and state governments to discriminate. The Fifth amendment has an explicit

requirement that the federal government not deprive individuals of "life, liberty, or property,"

without due process of the law. It also contains an implicit guarantee that each person receive

equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from

violating an individual's rights of due process and equal protection.. In the employment context

the right of equal protection limits the power of the state and federal governments to discriminate

in their employment practices by treating employees, former employees, or job applicants

unequally because of membership in a group (such as a race or sex).

Title VII of the Civil Rights Act of 1964 prohibits discrimination in many more aspects

of the employment relationship. It applies to most employers engaged in interstate commerce

with more than 15 employees, labor organizations, and employment agencies. The Act prohibits

discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy,...