Thursday, November 17, 2011
Job Discrimination Complaints Hit All-Time High
While America has always stood for being a country with diverse ethnic cultures that make us great, the fear is that those who have the least may suffer the most in this economic downturn as unemployment rises and jobs, even those that were previously unwanted, now become a precious commodity.
The federal agency responsible for investigating employment discrimination charges reported this week that the number of complaints coming from workers and job seekers has hit an all-time high. The Employment Non-Discrimination Act (ENDA) is a proposed bill in the United States Congress that would prohibit discrimination against employees on the basis of sexual orientation or gender identity by civilian, nonreligious employers with at least 15 employees.
Section 1981 of the U.S. Code provides additional federal remedies to deter harassment and intentional discrimination in the workplace. Amended in 1991, § 1981 provides the requisite elements for proving a disparate impact claim and permits a jury to award compensatory and punitive damages in situations of intentional discrimination. Further, the U.S. Supreme Court has recently interpreted § 1981 to imply a private cause of action for race-based retaliation claims. A race-based retaliation claim is one in which an employer has retaliated against an employee for having previously filed a complaint of racial-discrimination. Read more....