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.
Although there may be some inequitable situations in an industry as large as retailing, it should be pointed out that there have been conscientious efforts made to correct them. Further, in many States the situation has been corrected through the enactment of equal pay laws.
By contrast, the dissent’s argument that a discrimination plaintiff can sue based on each paycheck she receives, if her current paycheck was somehow affected by discrimination in the distant past, would allow plaintiffs to sue based on discrimination that occurred decades before, even if the employer is innocent, the alleged discriminators have all died, and the employer no longer has access to any evidence that could vindicate it…That is fundamentally unfair, and at odds with the whole purpose of having a statute of limitations.
By applying the paycheck rule broadly, it is possible that claims could be filed decades after an allegedly discriminatory act occurred. By applying the rule to pension annuities as well, a cause of action could arise decades after the individual ceased to work for the employer….Subjecting employers to such claims would literally lead to an explosion of litigation second guessing legitimate employment and personnel decisions.
Related Laws and Rules
Evidence
-
The Americans With Disabilities Act Didn't Cause A Flood of Lawsuits
Employer warnings of frivolous lawsuits in the wake of Americans With Disabilities Act were proven false.
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.
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.
