Discrimination Law
Consistent with the property theme of
this text, it is important to understand
that employment and labor laws affect
the property interest you have in selling your
labor. This final section discusses the complexity
of those relationships. As you study these chapters,
consider the historical development of the
law, including how it must continually evolve
to address technology developments, changing
social values and economic issues affecting the
workplace. Employment and labor laws reflect
the constant need for balance between the rights
and responsibilities of employers and employees.
Because the United States enjoys a diverse
population, it is important to ensure that workers
are not discriminated against, including in
the hiring, promoting, and firing process. Chapter
20 details federal laws prohibiting workplace
discrimination, specifically discussing the prohibitions
on employment discrimination based on
race, sex, national origin, color, pregnancy, age,
and disabilities. This chapter focuses on what constitutes
illegal discrimination in the workplace,
including employment practices—even those that
may seem well intentioned on their face—that
may be challenged as discriminatory. In addition
to federal protections, this chapter notes that
state laws may offer additional protection against
workplace discrimination. Taken together, these
laws form the framework for fair competition in
a workplace free of unlawful discrimination.
Chapter 21 describes other major employment
laws, including rules regarding minimum
wage and overtime, mass layoffs, family and
medical leave, workplace safety & workers’
compensation, as well as the limits of employee
privacy at work. All of these laws provide important
protections for workers and further define
the employer–employee relationship. The scope
of the employment-at-will doctrine is also presented,
along with ways an employer can protect
itself from an unjustified lawsuit.
The final chapter in the text, Chapter 22,
focuses on labor laws that permit employees to
organize their labor through unions. Although
they have been met with challenges in the twentyfirst
century, unions continue to play an important
role in the U.S. labor market. The development of
labor law in the U.S. illustrates the long history of
seeking to protect workers. This chapter presents
the major labor laws and helps students to identify
unfair labor practices by management and
unions. This chapter also incorporates current
issues important to unions. Many unions maintain
active political agendas on behalf of their
members, including the role of being high-profile
advocates during political elections and on laborrelated
topics such as international trade. Labor
advocates are very vocal about the kinds of provisions
that could be incorporated into trade agreements
to allow U.S. workers to compete on a
level playing field. For example, a number of free
trade agreements discussed in Chapter 12, such as
NAFTA, DR-CAFTA, and trade agreements with
Korea, Colombia, and Panama, faced vocal opposition
from some labor unions. •
FIVE
Learning Objectives
In this chapter you will learn:
20-1. To discuss the general provisions of Title VII, enforcement
procedures, and the differences between disparate treatment and
disparate impact.
20-2. To understand the specific kinds of discrimination prohibited by
Title VII.
20-3. To discuss employment practices that may be challenged.
20-4. To apply other federal statutes protecting against employment
discrimination.
20-5. To realize that state laws may offer additional protection against
workplace discrimination.
Discrimination
in Employment 20