法律英语：117 Discrimination Law

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   

 

This episode is the first of a series that focuses on employment discrimination. Listeners from around the world have asked questions about what classes of people are protected against discrimination in the workplace, what laws protect them, why some states can offer more protection than the federal government, what exactly a “hostile work environment” is, and more. Today I will discuss the basics: what federal laws protect employees and what classes of employees they protect. Please note that this podcast only covers the basics of this highly complex area of law, and there are many exceptions and quirks³ to the information covered here. 

 

The broadest federal law that protects employees is Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin. One important amendment⁴ to Title VII was the Pregnancy⁵ Discrimination Act of 1978, which prohibits sex discrimination on the basis of pregnancy and childbirth, and related medical conditions.

 

In addition, the Equal Pay Act of 1963 protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. That is, if a man and a woman are performing basically the same job, each must be paid the same wage. 

 

The Age Discrimination in Employment Act of 1967 (ADEA), protects individuals who are 40 years of age or older. 

 

The Americans with Disabilities Act of 1990 (ADA), prohibits employment discrimination against qualified⁶ individuals with disabilities in the private sector⁷, and in state and local governments.

 

The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from discriminating⁸ against applicants¹⁰ or employees on the basis of their citizenship¹¹ or national origin.

 

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the jobs and employer-provided benefits of service members returning to the civilian¹² workforce¹³. USERRA also has provisions that prohibit job discrimination against veterans on the basis of their military service.

 

One common question that I have received from listeners is what practices exactly are prohibited? These federal statutes¹⁵ protect against a broad range of practices, including hiring and firing, compensation, assignment, classification of employees, transfer, promotion¹⁶, layoff¹⁷ or recall, job advertisements, recruitment, testing, use of company facilities, training, apprenticeship¹⁸ programs, fringe benefits, retirement¹⁹ plans, and disability leave, and “other terms and conditions of employment.” So, the federal laws protect against blatant²⁰ forms of discrimination, such as requiring that an applicant⁹ be a white Christian²¹ male under 35 years of age. And, these laws protect against more subtle forms of discrimination, such as allowing a women’s health discussion group to use a conference room at work, but prohibiting a men’s health study group. 

 

Not all employers are subject to all these laws. State, local and federal governments and their agencies all must generally follow these laws. There are, of course, exceptions. For example, state governments are not required to abide²² by the ADEA in all circumstances. Small private employers might not have to abide by these laws. Title VII and the ADA only apply to employers with 15 or more employees, the ADEA requires 20 employees, and the IRCA requires only four employees. Employers who are not subject to a discrimination statute¹⁴ are not required to abide by the statute. 

 

These federal laws provide minimum standards for the country. But, states and local governments can enact²³ more strict standards, or protect additional classes of employees. One common example is discrimination on the basis of sexual orientation²⁴. On the federal level, the House of Representatives passed HR 2015 in September 2007, also called the Employment Non-Discrimination Act (ENDA).  This bill would extend protection to employees on the basis of sexual orientation. It has not come up for a vote in the senate yet, and it is not clear whether President Bush would veto the legislation. However, 31 states (depending on how you count) have passed some form of protection to employees on the basis of sexual orientation, the first of which was Wisconsin in 1982.

 

Local governments can also enact employment laws. For example, San Francisco County has passed some of the broadest ordinances²⁵ that protect employees from taking drug tests in some circumstances, or from discrimination on the basis of height-weight proportions. 

 

In sum, there are many laws, federal, state and local, that protect employees from discrimination. It is important to understand that, if a specific class of employee is not protected, then the employer is basically free to do what it wants. For example, an employee cannot sue for nudist discrimination, or discrimination on the basis of political beliefs (in some situations). The base line principle is that an employer can hire or fire an employee for any reason it wants, subject only to the limitations of a contract, or a non-discrimination law that applies to it.

 

In the next episode, I will continue the discussion of non-discrimination laws, and delve²⁶ more deeply into exactly how a non-discrimination case starts, and what an employee must prove in order to prevail. 

 

 

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful²⁷ Life. 

 

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW.  Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 quirks   

n.奇事，巧合( quirk的名词复数 )；怪癖

参考例句：

• One of his quirks is that he refuses to travel by train. 他的怪癖之一是不愿乘火车旅行。 来自《简明英汉词典》
• All men have their own quirks and twists. 人人都有他们自己的怪癖和奇想。 来自《现代英汉综合大词典》

4 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

5 pregnancy   

n.怀孕，怀孕期

参考例句：

• Early pregnancy is often accompanied by nausea.怀孕早期常有恶心的现象。
• Smoking during pregnancy increases the risk of miscarriage.怀孕期吸烟会增加流产的危险。

6 qualified   

adj.合格的，有资格的，胜任的，有限制的

参考例句：

• He is qualified as a complete man of letters.他有资格当真正的文学家。
• We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

7 sector   

n.部门，部分；防御地段，防区；扇形

参考例句：

• The export sector will aid the economic recovery. 出口产业将促进经济复苏。
• The enemy have attacked the British sector.敌人已进攻英国防区。

8 discriminating   

a.有辨别能力的

参考例句：

• Due caution should be exercised in discriminating between the two. 在区别这两者时应该相当谨慎。
• Many businesses are accused of discriminating against women. 许多企业被控有歧视妇女的做法。

9 applicant   

n.申请人，求职者，请求者

参考例句：

• He was the hundredth applicant for the job. 他是第100个申请这项工作的人。
• In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

10 applicants   

申请人，求职人( applicant的名词复数 )

参考例句：

• There were over 500 applicants for the job. 有500多人申请这份工作。
• He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。

11 citizenship   

n.市民权，公民权，国民的义务(身份)

参考例句：

• He was born in Sweden,but he doesn't have Swedish citizenship.他在瑞典出生，但没有瑞典公民身分。
• Ten years later,she chose to take Australian citizenship.十年后，她选择了澳大利亚国籍。

12 civilian   

adj.平民的，民用的，民众的

参考例句：

• There is no reliable information about civilian casualties.关于平民的伤亡还没有确凿的信息。
• He resigned his commission to take up a civilian job.他辞去军职而从事平民工作。

13 workforce   

n.劳动大军，劳动力

参考例句：

• A large part of the workforce is employed in agriculture.劳动人口中一大部分受雇于农业。
• A quarter of the local workforce is unemployed.本地劳动力中有四分之一失业。

14 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

15 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

16 promotion   

n.提升，晋级；促销，宣传

参考例句：

• The teacher conferred with the principal about Dick's promotion.教师与校长商谈了迪克的升级问题。
• The clerk was given a promotion and an increase in salary.那个职员升了级，加了薪。

17 layoff   

n.临时解雇，操作停止，活动停止期间，失业期

参考例句：

• Finally, prepare an explanation about what led to your layoff.最后，要准备好一套说辞来解释你被解雇的原因。
• Workers were re-employed after the layoff.在暂时解雇不久后工人们又被再度雇用了。

18 apprenticeship   

n.学徒身份；学徒期

参考例句：

• She was in the second year of her apprenticeship as a carpenter. 她当木工学徒已是第二年了。
• He served his apprenticeship with Bob. 他跟鲍勃当学徒。

19 retirement   

n.退休，退职

参考例句：

• She wanted to enjoy her retirement without being beset by financial worries.她想享受退休生活而不必为金钱担忧。
• I have to put everything away for my retirement.我必须把一切都积蓄起来以便退休后用。

20 blatant   

adj.厚颜无耻的；显眼的；炫耀的

参考例句：

• I cannot believe that so blatant a comedy can hoodwink anybody.我无法相信这么显眼的一出喜剧能够欺骗谁。
• His treatment of his secretary was a blatant example of managerial arrogance.他管理的傲慢作风在他对待秘书的态度上表露无遗。

21 Christian   

adj.基督教徒的；n.基督教徒

参考例句：

• They always addressed each other by their Christian name.他们总是以教名互相称呼。
• His mother is a sincere Christian.他母亲是个虔诚的基督教徒。

22 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

23 enact   

vt.制定(法律)；上演，扮演

参考例句：

• The U.S. Congress has exclusive authority to enact federal legislation.美国国会是唯一有权颁布联邦法律的。
• For example,a country can enact laws and economic policies to attract foreign investment fairly quickly.例如一个国家可以很快颁布吸引外资的法令和经济政策。

24 orientation   

n.方向，目标；熟悉，适应，情况介绍

参考例句：

• Children need some orientation when they go to school.小孩子上学时需要适应。
• The traveller found his orientation with the aid of a good map.旅行者借助一幅好地图得知自己的方向。

25 ordinances   

n.条例，法令( ordinance的名词复数 )

参考例句：

• These points of view, however, had not been generally accepted in building ordinances. 然而，这些观点仍未普遍地为其他的建筑条例而接受。 来自辞典例句
• Great are Your mercies, O Lord; Revive me according to Your ordinances. 诗119:156耶和华阿、你的慈悲本为大．求你照你的典章将我救活。 来自互联网

26 delve   

v.深入探究，钻研

参考例句：

• We should not delve too deeply into this painful matter.我们不应该过分深究这件痛苦的事。
• We need to delve more deeply into these questions.这些是我们想进一步了解的。

27 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。