Equal Employment Opportunity and Employee Rights Review

Topics: Employment, Equal Employment Opportunity Commission, Pregnancy Pages: 6 (2318 words) Published: January 14, 2013
Running head: Equal Employment Opportunity and Employee Rights

Equal Employment Opportunity and Employee Rights

Equal Employment Opportunity and Employee Rights
Over the course of history in the United States there have been many laws put in place to protect employees and employers. The Americans with Disabilities Act of 1990 and the Pregnancy Discrimination Act of 1978 are two such acts signed into law. Each of the laws protects workers from termination for causes outlined in the acts. Issues about drug testing have become more prominent in the workplace because of the different types of testing procedures available. The Americans with Disabilities Act of 1990 is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. The Pregnancy Discrimination Act of 1978 was added as an amendment to the sex discrimination section of the Civil Rights Act of 1964 to protect pregnant women or women that are of child bearing age from discrimination in the workplace. Drug testing has become popular in many businesses in today’s society.  This upsets many employees because they think that what they do on their own time does not affect what they do at work.   The way drug testing is administrated has been of some topic, which has even been brought up in local court cases lately. Americans with Disabilities Act of 1990

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state, and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment (EEOC.GOV, 2008). This act was created that people with disabilities are treated fairly in the workplace. In April 2010 Bridget Hardt sued Reliance Standard Life Insurance for not providing her with permanent disability benefits. Her case was presented and partially proven but the judge ruled that Reliance Standard Life Insurance should be awarded time to assemble a proper benefit plan. The judged believe that because of misinformation the company could was not afforded the opportunity to make a fair decision on disability benefits for Ms. Hardt (Hardt v. Reliance Standard Life Ins., 2010). After a short period the case went back to court and Ms. Hardt was awarded benefits. After another filing by her about attorney fees, she was eventually awarded attorney fees and retroactive disability benefits. Employees have to know that they have many rights that employers have to respect. However, that does not mean that employees should falsely accuse employers of discrimination. There needs to be valid proof that unfair acts of discrimination are taking place. The relationship needs to be created by contract. It can either be in writing or oral, unless the contract is to last more than a year it has to be in writing to satisfy a state's statute of frauds. The contract can have any lawful terms that the employee or employer wish to include such as time, pay, benefits, and also a description of the position that the employee will be assuming. Employers and employees alike have certain rights and can expect certain rights from each other when a relationship is stared. Employers have the right to expect employees to have the skills that they state they have, they have the right to expect employees to perform at a certain level. Employers also have the right to tell the employee what tasks to perform and also how to perform those tasks. Employees have an agreement to work only for an employer during hours of...
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