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

Petitioner, however, seeks a rule that would effectively eliminate any meaningful period of limitation in certain kinds of discriminatory pay claims, allowing an employee to wait years or even decades to challenge an allegedly discriminatory decision so long as the economic consequences of that decision have continued into the limitations period. Such a rule would be irreconcilable with Congress’ design for the administration of Title VII, and would subject the employers…to damages for entirely innocent decisions that have nonetheless become difficult or impossible to defend solely because of the passage of time….such a rule would impose an unwarranted and excessive burden on employers…

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From the amicus brief filed by Chamber of Commerce and the NFIB Legal Foundation.

[T]he inevitable effect of this legislation will be to create an artificial barrier on job opportunities for women. There will be a strong compulsion on employers to divide their jobs into women’s jobs and men’s jobs and to never hire a person of the opposite sex in those jobs just so they will not have the Department of Labor looking over their shoulders.

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William Miller representative of the U.S. Chamber of Commerce, Testimony, House Hearing.
04/02/1963 | Full Details | Law(s): Equal Pay Act

The only ones who will see an increase in pay are some of the trial lawyers who bring the cases.

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Senator Orrin Hatch (R-UT) quoted in “How Dumb Are We? How long will women shoulder the blame for the pay gap?” in Slate.

…the Secretary of Labor becomes prosecutor, judge, and legislator. He is given extensive authority to intervene and interfere in employer-employee relations. He must build a considerable Federal division of his Department to accomplish this purpose at increased cost to the taxpayers….Further, the Secretary is not required to await the complaint of an aggrieved employee. He is empowered to prevent any person from engaging in the prohibited wage discrimination. He may proceed on his own motion. There is not limit to the interference with efficient operations or the amount of snooping which may result in an effort to uncover evidence concerning existing or possible future wage discrimination.

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Statement of the National Association of Manufacturers at the Senate Committee on Labor and Public Welfare (Subcommittee on Labor). Aug 1, 1962.
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.