The Civil Rights Act of 1964 (amended in 1991) prohibits discrimination
in employment in 5 important areas: RACE, COLOR, RELIGION, NATIONAL
ORIGIN OR SEX (including discrimination based on pregnacy).
Discrimination occurs when an employer treats one employee differently
from another employee when the two are similarly situated. It also occurs
when an employer takes some adverse action, such as discipline or discharge,
based on a bias or prejudice that the employer has against a trait or
characteristic of the employee. Finally, discrimination occurs when an
employer's employment decisions or policies, although seemingly neutral,
adversely impact one class of persons more harshly than another.
Discrimination is illegal under the law, however, only when the difference
in treatment or bias is based on one or more factors that the law prohibits
an employer from considering. If an employment policy or decision adversely
impacts a class of employees, the policy is illegal only if the class affected
is a class protected by law.
Discrimination is not always based on "disparate" or different treatment of
an individual employee. Discrimination can also occur when an employer makes
an employment decision which seems to be free from discrimination and based
on neutral factors, but the effect of which adversly impacts a protected
group more severly than a non-protected group.
For example, an employer may adopt a policy to terminate employees without
a 4-year college degree. However, if 25% of the blacks have a college degree
but 80% of the whites have a college degree, the policy would result in a
disproportionately large percentage of blacks being terminated. Unless the
employer can show a legitimate business necessity for the policy, the policy
is unlawful because of its "disparate impact" on blacks.
This federal law is only applicable for those companies that employee 15
or more persons. Thus, if the company you work in employs less than 15
on a regular basis, coverage would not apply to that company.
As a general rule, most discrimination suits will be headed to Federal
Court. There are some state claims availble but they don't produce the
results that are available in Federal Court.
In order to qualify to sue in Federal Court, a claimant must first file a
complaint with the EEOC within 180 days of the alleged violation or you will
lose your right to sue at all. In some states, such as Louisina, the state
has an office for processing discrimination claims. In that case, you must
file with the state agency instead of with the EEOC. If that agency or the
EEOC does not act on your claim, they will issue a "Right to Sue" letter which
will give the claimant a period of 90 days in which to file suit. If suit is
not filed during that time, the right to sue is lost forever.
======================== WARNING =======================
AND DISCLAIMER
This information is provided for the reader's benefit in
becoming familiar with the legal matters discussed. Your
particular facts may be different from the points above.
You should not rely on the above data without consulting a
attorney to discuss the specific facts of your case
and the law of your state.
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If you live in Louisiana and want to talk about your situation, please call me at:
Marvin E. Owen
Attorney-CPa
3036 Brakley Drive
Baton Rouge, La 70816
ph 225-292-0099
toll-free 1-888-292-0116
e-mail marvin@meocpa.com
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