Federal & State Systems
The employment relationship under American law is highly regulated by a complex, and sometimes duplicative, system of statues, administrative regulations and judicial precedent at the federal, state and local level. (Wildman Harold Attorneys and Counselors) The federal and state laws affects all aspects of employment such as hiring, payment of wages, compensation of overtime, workplace and employee safety, benefits for veterans, and employee discipline. The law also includes employment based on race, age, gender, color and physical handicap.
Title VII of the Civil Rights Act of 1964 (Title VII) falls under the realm of federal laws. Title VII is very similar the state law State Fair Employment Practice (FEP) Law. Title VII prohibits discrimination against applicants and employers on the basis of ethnicity, color, religion, sex and national origin. Title VII also protects against sexual harassment and discrimination and anyone who is pregnant. Majority of stats have FEP laws. In some instances the FEP differs across states. For example, in the state of Illinois has the Illinois Human Right Act. The Illinois Human Right Act prohibits discrimination on the basis of race, sex, religion, color, national origin, disability and age, but it also prohibits discrimination on the basis of marital status and veteran status. (Wildman Harold Attorneys and Counselors)
Title VII applies to all private employers employee 15 or more people. Private employers with more than 100 employees have to report the federal Equal Employment Opportunity Commission (EEOC) annually). The report discloses the gender and racial make-up of the employer's workforce by job category. (Wildman Harold Attorneys and Counselors) Anyone who violates the Title VII could face both compensatory and punitive damages. An employee would be able to recover lost wages, benefits and be reinstated. In cases of intentional discrimination, compensatory damages are available to compensate...
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