Employment Discrimination

Employment Discrimination

Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.

Cry Wolf Quotes

[Obama’s signing of the Ledbetter act is] a decision that could prove harmful to small business….Without limits, small businesses would be forced into the position of trying to defend an employment decision that occurred in the distant past…Because discrimination cases tend to rely on circumstantial evidence ('he said, she said' testimony), it would serve both parties best to review what occurred immediately after the event, not years later.

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The National Federation of Independent Business (NFIB), Slate’s Biz Box.

To have any meaning at all, a comparison of wage rates must be based on the wages of employees doing at least the same kind of work. For example, if one includes the wages of both skilled and unskilled employees in determining the average rates for women and men, the sex having the greater number of skilled workers will obviously have the higher average wage rate. There are, of course, a greater number of skilled male employees than skilled female employees. Consequently, when average wage rates are compared without being limited to the type of work being performed, the comparison is not merely meaningless; it is totally misleading. The resultant differential between the average wage rates of women and men simply cannot properly be used to support an argument that Federal equal pay legislation is necessary.

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W. Boyd Owen, Vice-president of personnel administration for the Owens-Illinois Glass Company, Testimony, Senate Hearing.
04/03/1963 | Full Details | Law(s): Equal Pay Act

[T]hink of the handicaps nature and the various State legislatures have placed on women who seek employment in a field where men traditionally have operated….A man can work any hours necessary….If we hire a woman for that job we take into consideration the fact that she may very well get married and leave our employ because of the birth of a child or because her husband moves to another place….we may decide that it is worth running that risk if we pay $50 to $100 a month less. If, however, we have to pay the same rate of pay and we have a choice between a man and a woman, it would not be worthwhile to hire that person.

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William Miller representative of the U.S. Chamber of Commerce, Testimony, House Hearing.
03/26/1963 | Full Details | Law(s): Equal Pay Act

The retailing industry recognizes the need for responsible conscientious treatment of its workers. There is justifiable resentment against unnecessary further incursion of the Federal Government into business operations with the attendant danger of increased bureaucratic controls, increased interference with private business, and, most important, further regimentation of the individual.

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Statement of the American Retail Federation, at the Senate Committee on Labor and Public Welfare (Subcommittee on Labor).
08/01/1962 | Full Details | Law(s): Equal Pay Act

Evidence

Resources

University of California-Berkeley Labor Center carries out research on labor and workplace-related issues.

National Committee on Pay Equity is a coalition working to eliminate sex- and race-based wage discrimination and to achieve pay equity.

National Women’s Law Center

is a prominent think tank and legal advocacy organization.

Institute for Women’s Policy Research is a prominent think tank that is largely focused on American women's issues. This covers everything from pay equity to welfare reform to domestic violence.