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
The broadly and vaguely worded administrative and enforcement provisions of [the bill] would authorize extensive governmental intervention in labor-management relations far exceeding the purported evils at which this legislation is allegedly directed. Such provisions, moreover, effectively give the Secretary and his agents an unlimited license to destroy the wage structures which both management and labor have worked for years to develop….The exercise of such unlimited powers could not but grievously and irreparably injure labor management relations throughout the Nation.
Then, too, State legislation is now effective in 21 States…In 1945 and since then each year, Federal legislation has been introduced to provide by governmental fiat equal or comparable pay, more often comparable. The Federal bills have all failed of passage [sic]. NAM took its position against them for reasons hereinafter stated. It now opposes the current bills to which this statement is directed although standing behind the principle they support otherwise better achievable through other sources.
Removing the caps on damages sought by plaintiffs would likely prompt employers to protect themselves by purchasing expanded legal liability insurance. That added burden of insurance would increase the cost of doing business in the United States and may result in a reduction of employees’ wages and benefits and/or the hiring of fewer workers.
The principle of equal pay for equal work performance within the wage structure of business establishments is sound. Pay for individuals, allowable within the company’s wage structure, is soundly based when work performance, irrespective of age, sex, or other personal factors is considered.
Related Laws and Rules
Evidence
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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.
