Anti-Discrimination Laws Related to Employment

Welcome to week 5! This week deals with securities and antitrust laws. This week’s assignments include reading chapters 22-26 of the textbook, two (2) discussion board questions, and an assignment. As for the discussion boards, I expect you to post your initial posting by Thursday and respond to at least two (2) of your classmates posts. As for the discussion questions, you can use your textbook as a reference as well as other outside academic references. The rubic for the discussion boards can be found in the class room. Please email me with any questions. Employment law is the body of law that governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulation on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety. There are several laws that govern the employee and employer relationship. One such law is Occupational Safety and Health Act of 1970 (“OSHA”). The purpose of OSHA is to promote safety and health in the workplace (Liuzzo, 2013). The OSHA applies to a private employer who has any employees doing work in a workplace in the U.S. It requires these employers to provide employment and a place of employment that are free from recognized, serious hazards, and to comply with specific standards and regulations. As a result of OSHA standards, companies are paying more attention to the developing science of ergonomics (Liuzzo, 2013). Ergonomics is defined as the developing science dealing with designing workplaces to promote safety and health (Liuzzo, 2013). As for Whistling Blowing, OSHA's Whistleblower Protection Program enforces the whistleblower provisions of twenty-one whistleblower statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower acts include, but are not limited to, worker participation in safety and health activities, reporting a work related injury, illness or fatality, or reporting a violation of the statutes. Overall, employers have the responsibility to provide a safe workplace. Employers must provide their employees with a workplace that does not have serious hazards and follow all OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires that employers try to eliminate or reduce hazards first by making changes in working conditions rather than just relying on masks, gloves, ear plugs or other types of personal protective equipment (PPE). Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks. Additionally, many laws provide for protection against discrimination in the workplace. There are numerous federal, state and local statutes which prohibit employers from discrimination in employment (Liuzzo, 2013). Discrimination against employees of a protected class is illegal throughout the entire employment process including but not limited to hiring (Liuzzo, 2013). Protection from discrimination means that an employer cannot retaliate by taking "adverse action" against workers, such as: Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Making threats Reassignment affecting prospects for promotion Reducing pay or hours One such law that protects against discrimination in the workplace is the Civil Rights Act of 1964 which created the Equal Employment Opportunity Commission. The EEOC is a federal agency which is responsible for administering laws prohibiting discrimination in employment (Liuzzo, 2013). Discrimination in the workplace is prohibited on the basis of race, creed, sex, color and place of national origin (Liuzzo, 2013). Another act is the Equal Pay Act of 1963, which prohibits any employer from engaging in wage discrimination based on sex (Liuzzo, 2013). Under this law, all employees performing substantially similar jobs must be compensated equally (Liuzzo, 2013). However, this does not apply for disparity between sexes when wages are based on seniority or tenure within the organization or company. A great resource for more information on federal labor laws is found at: