Anti-Discrimination Employment Law Report

Anti-Discrimination Employment Law Report

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing laws that prohibit discrimination in the workplace. To address discrimination, the EEOC oversees different workplace functions, such as hiring and firing. The commission also addresses conflicts related to harassment, benefits, training, and remuneration. To implement these functions, the commission has two agencies: the Civil Rights Center and the Office of Federal Contract Compliance, which monitor and ensure compliance. The following are some of the employment laws enforced by the EEOC.

Americans with Disabilities Act (ADA)

According to Lieberwitz (2008), ADA prohibits discrimination against qualified individuals with disabilities because of the disability. The law covers both public and private employers, applying to different workplace functions such as hiring, promotions, discharge, and compensation. Per the ADA, a qualified individual with a disability is defined as an individual who can perform specific tasks with or without reasonable accommodations. Even if an individual has a disability and their disability somewhat affects their ability to perform a given job, the employer should not discriminate against them if they can adjust the circumstances at the workplace to accommodate the disabled individual.

One of the companies that has been cited the most for violating ADA guidelines is Walmart. In one such case, the retailer illegally fired an epileptic employee for missed work due to his health condition. The lawsuit alleged that the manager, who worked in a store in Raleigh, North Carolina, prior to his dismissal, started receiving seizures a year before, forcing him to spend significant time seeking healthcare intervention. Faced with his health conditions, the manager requested two accommodations: intermittent leaves and treatment of his non-attendance as disability related, but they were both denied (Equal Employment Opportunity Commission, 2001). This is one of the many ADA violations in which Walmart has been involved.

To comply with the ADA, a Green Branch Coffee manager should provide target employees with reasonable accommodations. This can be achieved once the manager creates an environment that allows open employer-employee interactions. Subsequently, the manager should grant the accommodation or explain how it is likely to cause undue hardship. The manager (employer) is responsible for showing or proving why an accommodation cannot be granted.

Age Discrimination in Employment Act (ADEA)

ADEA applies to employers, labor organizations, and employment agencies. The law makes it unlawful for an employer to hire or discharge based on age bias. Among others, ADEA outlaws employee discrimination concerning hiring, compensation, employment terms, and employment privileges because of one’s age (Feder, 2010). Also, the law prohibits employers from discriminating against employees when offering employee benefits such as health coverage and pensions. The Equal Employment Opportunity Commission enforces ADEA.

One of the companies that has been accused of age discrimination is Google. In Robert Heath v. Google LLC, the company reached an out-of-court settlement, in which it offered 227 prospective employees $11 million in compensation for discriminating against them during the hiring process (Justia, 2019). Additionally, the company committed to facilitating age-related workplace discrimination awareness among employees. The Green Branch Coffee manager may avert discrimination by paying due attention when dealing with employees aged 40 years and above to avoid unconscious age discrimination.

Equal Pay Act (EPA)

The Equal Pay Act prohibits pay discrimination based on race and gender. The act provides that men and women working in the same establishment must receive equal pay for doing equal work (Hegewisch & Mefferd, 2022). The Equal Pay Act provides a broader scope of protections against discrimination targeting one’s nationality or racial affiliation. One of the pointers to successful implementation of the Equal Pay Act is the wage gap reduction from 61% in 1960 to 83% in 2020, an indication of a positive move toward paying men and women equally for doing the same job (Hegewisch & Mefferd, 2022). The act has had other indirect and far-reaching impacts, including the opening of educational opportunities for both genders.

Uber is among the companies that have violated the Equal Pay Act. In 2018, the company agreed to settle a class action filed by three female software engineers for 10 million dollars. This settlement followed initial accusations that the company’s promotion and compensation favored men and white and Asian staff. To avert the violation of the Equal Pay Act, the Green Branch Coffee manager should embrace pay transparency. Besides, the manager should avoid salary history questions during the interview process because this can unfairly influence compensation decisions.

Fair Labor Standards Act (FLSA)

According to Stansbury (2021), the FLSA encompasses employees’ right to earn minimum wage and overtime pay. Employers who are found to have violated this act are required to pay back employees the money they were due to receive. Besides, the Department of Labor may require employers to pay an equal amount in liquidated damages as a punishment for violating the FLSA. The incentive to comply with the Fair Labor Standards Act depends on the penalties imposed on violators, as high penalties will encourage compliance by employers worried about losing money.

Medhealth Suppliers and Providers Inc. is one of the companies that has faced penalties for violating the FLSA. The employer was required to pay $190,648 in back wages for violating overtime and minimum wage guidelines (Department of Labor, 2024). To avoid potential legal action for violating FLSA, the Green Branch Coffee manager should reach a collective bargaining agreement, stating the agreed payment terms for different jobs and work conditions.

References

Department of Labor. (2024). US Department of Labor recovers $190K in back wages, damages for 4 employees denied minimum wage, overtime by Lansing group homes operator. DOL. https://www.dol.gov/newsroom/releases/sol/sol20240506

Equal Employment Opportunity Commission. (2001, June 21). Wal-Mart violates Disabilities Act again; EEOC files 16th ADA suit against retail giant. US EEOC. https://www.eeoc.gov/newsroom/wal-mart-violates-disabilities-act-again-eeoc-files-16th-ada-suit-against-retail-giant-0

Feder, J. (2010). The Age Discrimination in Employment Act (ADEA): A legal overview. Congressional Research Service. https://www.llsdc.org/assets/sourcebook/crs-rl34652.pdf

Hegewisch, A., & Mefferd, E. (2022). (Un)equal pay in the United States and policy solutions to make a difference. CESifo Forum, 23(2), 29–35. https://www.ifo.de/DocDL/CESifo-Forum-2022-2-hegewisch-policy-solutions-united-states.pdf

Justia. (2019, August 15). Robert Heath v. Google LLC, No. 5:2015cv01824 – Document 433 (N.D. Cal. 2019). Justia Law. https://law.justia.com/cases/federal/district-courts/california/candce/5:2015cv01824/286871/433/?utm_source=chatgpt.com

Lieberwitz, R. L. (2008). Employment discrimination law in the United States: On the road to equality? In New Developments in Employment Discrimination Law (Bulletin of Comparative Labour Relations).

Stansbury, A. (2021). Do US firms have an incentive to comply with the FLSA and the NLRA? Peterson Institute for International Economics Working Paper No. 21-9. http://dx.doi.org/10.2139/ssrn.3874221

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Anti-Discrimination Employment Law Report

Recently, Green Branch Coffee managers have approached you with questions regarding the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), and the Fair Labor Standards Act (FLSA). To address these questions, you have decided to prepare a presentation for the managers that clarifies how each of the Acts applies in their coffee shops.

Anti-Discrimination Employment Law Report

For this assignment, you will create a report of at least 750 words. In your report, address the following. Begin your presentation by briefly describing the role of the Equal Employment Opportunity Commission (EEOC). Then, for each of the following Acts, provide a summary of the Act, an example from a real company of how the Act was violated, and what a Green Branch Coffee manager can do to ensure compliance with the Act.

• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Equal Pay Act (EPA)
• Fair Labor Standards Act (FLSA)