Fair Employment Practices Law
When referring to fair employment practices laws, it is necessary to review both state and federal laws applicable to fair employment practices. Most states have similar laws to prevent discrimination in the workplace, while federal laws are more broad in scope and cover a wide array of areas, from disability discrimination to age discrimination. In general, employment laws are extensive and can be complicated. Therefore, it is important to discuss any employment law issues with an experienced attorney and do your own research on the matter to see if there are any particular fair employment practices laws which apply to the matter.
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State Fair Employment Practices Laws
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Each state in the United States has laws that apply to fair employment practices. While every state has unique requirements, most states have similar mandates. Generally, the stated purpose of all of these laws is to prohibit discrimination based upon race, color, religion, sex, disability, marital status, national origin and sexual orientation. In addition, generally, these laws make it illegal to fail to or refuse to hire or to discharge a person or harass the person with respect to issues of compensation, conditions or privileges of employment because of the above listed reasons. For example, in New Jersey, there is the New Jersey Law Against Discrimination. This law prohibits unlawful discrimination in employment, housing, places of public accommodation, credit and business contracts. In addition, the law indicates that it is unlawful to treat people differently based upon race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service and mental or physical disability, perceived disability, and AIDS and HIV status. Moreover, other state laws make it illegal to limit, advertise, solicit, segregate or classify employees in a way which deprives any individual of employment opportunities because of such individual's race, color, religion, sex, disability, marital status, national origin and sexual orientation.
American with Disabilities Act
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From a federal law standpoint, a fair employment practice law includes the Americans with Disabilities Act, also known as the ADA. The ADA requires that an employer does not discriminate against a potential employee because of a disability. In addition, the law requires reasonable accomodations wherever possible such that a potential employee can perform the tasks of the job. For instance, if a person requires voice technology to use a computer in order to perform their job, this may be a reasonable accomodation.
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Age Discrimination in Employment Act
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Another federal law applicable to the fair employment practices is the Age Discrimination in Employment Act. Under this law, employees who are older than 40 are protected against employment discrimination. Pursuant to the act, discrimination based upon a person's age relating to any condition or privilege of employment is unlawful.
Family and Medical Leave Act
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The Family and Medical Leave Act (FMLA) is another federal law that provides protection for employees. If an employer falls within the ambit of the law, they must annually offer up to 12 weeks of unpaid leave if an employee needs to care for a newborn or immediate family member, or if a child is placed for adoption or foster care with the employee. An employee is also eligible for this unpaid leave if the employee is seriously ill and requires a leave of absence.
Fair Labor and Standards Act
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Another federal law applicable to fair employment practices is the Fair Labor and Standards Act. This law states there are certain minimum wage, overtime pay, child labor and employment documentation and record keeping standards which an employer must comply with. Failure to comply can result in substantial fines and penalties.
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