- Civil Rights Laws prohibit race, sex, age, religion, disability, handicap and other kinds of discrimination and harassment.
- Local laws and ordinances may exist which prohibit workplace discrimination and harassment in many forms, including sexual orientation.
- The Civil Rights Act of 1964, or Title VII, The Civil Rights Act of 1864, or US Code Section 1981, The Age Discrimination in Employment Act, or the ADEA, and The Americans with Disabilities Act, or ADA are Federal Antidiscrimination and Antiharassment laws that require employer compliance and create employee rights.
- The ADA also imposes reasonable accommodation requirements on employers, for employees with a disability who are able to perform the essential functions of the job, with or without a reasonable accommodation. Title VII requires employers to make reasonable accommodations for religious practices.
- State Laws, such as the Indiana Civil Rights Law, the Michigan Elliott-Larsen Civil Rights Law, and the Ohio Civil Rights Law also prohibit unlawful discrimination and harassment by employers.
- Retaliation against persons asserting rights under various civil rights statutes is prohibited.
- The Equal Employment Opportunity Commission, or EEOC, State and Local Agencies, such as the Indiana Civil Rights Commission, or ICRC, the Michigan Department of Civil Rights, or MDCR and the Ohio Civil Rights Commission, or OCRC, along with certain city and county boards and commissions, are governmental agencies which have certain powers under antidiscrimination, antiharassment and antiretaliation laws and ordinances.
- Nondiscrimination and nonharassment enforcement commonly occurs one of two ways, either through a charge of discrimination filed with a governmental agency, or through a civil rights court action, or civil rights lawsuit (which many times may not be filed until an administrative charge has been properly filed and processed). Failure to comply with time limits, sometimes called a statute of limitations, may have adverse ramifications to employers defending against charges and lawsuits, or those asserting employee rights, irrespective of the merits, or lack thereof, of a claim.
- Enforcement actions may result in payment of backpay, frontpay or reinstatement, and, in certain cases, payment of compensatory or punitive/exemplary/liquidated damages , along with attorneys' fees.
- EEOC, ICRC, MDCR, and OCRC websites provide useful information for employers and employees. Some links are:
JD (Jim) Masur maintains a law practice to provide counseling and proactive guidance, and charge and lawsuit litigation services concerning various aspects of Employer-Employee civil rights issues. His practice includes class-action litigation. |
