Employment Law

Topics: Discrimination, Employment, Law Pages: 6 (2090 words) Published: April 29, 2014
Employment law moderates the relationship between employees, employers, unions and the government. Employment law is a broad area of the law that embraces all areas of the employer-employee relationship with the exception of the negotiation process covered by labor law and collective bargaining. Employment law encompasses Federal and state statutes and regulations. Some employment laws were set in place as labor legislation made to protect labor, and other laws provide protections in the form of insurance for workers, such as unemployment insurance. The U.S. Department of Labor (DOL) is a federal administrator and enforcement agency of most federal employment laws such as those addressing safety and health standards and wages and hours of work. Other federal agencies also oversee laws that affect employment concerns. Two of these agencies are the U.S. Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB). The EEOC enforces laws that provide protection against discrimination in the workplace and the NLRB handles the law which governs the relationship between employers and unions. Workplace laws apply to all employees whether or not they are disabled, however some laws are specific to employees with disabilities such as the Americans with Disabilities Act (ADA). Some laws apply to all employees but include disability related references including for those employees who endure work related illnesses or injuries. These laws are the Family and Medical Leave Act (FMLA) and Workers Compensation.

It wasn't until the 1950 and 60’s where in my opinion, labor law wasn't enough to stop employment discrimination and there was a need for new legislation. At this time, I believe unions were part of the problem. Union’s leadership deflected their own personal use, such as in the South white union leaders were no more interested in non-discrimination than was anyone else. In the South, unions weren't interested in hiring minorities to work alongside with the white workers. Some unions and companies worked hand in hand to keep African Americans from entering the trades such as plumbing and carpentry which were considered high paying jobs. Those who controlled entry into the trades, the unions, where ever they controlled access, enforced employment discrimination and segregation by excluding minorities from holding high paying jobs. This led to the need for new and more protections through the legal system, through new laws. This was not likely the case overall, however it’s interesting how Title VII was applied to not only companies but also to labor unions. In present day unions are champions of individual rights, they are in the right frame of mind now, not in the early 60’s when the Civil Rights Act was being drafted. Over time unions proved to be an integral part of creating workplace norms such as weekends without work and an 8 hour work day. At present, unions work towards the expansion of the ADA and other laws that protect workers.

Title VII of the Civil Rights Act of 1964 is a landmark civil rights legislation in the United States (U.S.) that outlawed discrimination based on race, color, religion, sex or national origin. It equalized voting registration requirements and ended racial segregation in schools and in the workplace. Title VII was applied not only to companies but also to and labor unions. The Civil Rights Act covers not just employment issues, but also other things where the public comes in, such as access to education, public accommodations, access to voting. The act was clearly a victory, however there was still room for interpretation.

The roll of the National Association for the Advancement of Colored People (NAACP) and Title VII was highly visible. The NAACP is an African American civil rights organization in the U.S. Their mission is “to ensure the political, educational, social and economic equality rights of all persons and to eliminate...

Citations: 1. 1 - "Our Mission." NAACP. Web.
2. "Disparate Impact." TheFreeDictionary.com. Web.
3. "Sex-Based Discrimination." Sex-Based Discrimination. EEOC, Web
4. "Religious Discrimination." Religious Discrimination. EEOC, Web
5. "United States: NLRB 2013 Year In Review And 2014 Initiatives." NLRB 2013 Year In Review And 2014 Initiatives. Web.
6. Lario, Wendy Johnson. New Jersey 's New Social Media Law Blocks Employers ' Prying Eyes. Print.
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