Relationship Analysis Between Statutes and Case Law

Topics: Equal Employment Opportunity Commission, Religion, Discrimination Pages: 6 (2127 words) Published: June 25, 2006
Relationship Analysis between Statutes and Case Law
Laws against discrimination in employment were developed to provide remedies for victims of this unfortunate form of behavior that exists in America today. The following paper provides insight into lawsuits based on discrimination in the areas of age, religion, and disability and the statutes that provide complainants with the ability to seek relief from discriminatory practices. Employment Law – Age Discrimination

Smith v. City of Jackson, Mississippi
On March 30, 2005, the Supreme Court decided the case of Smith v. City of Jackson, Mississippi. The case summary is as follows: 30 Police officers and Police dispatchers in Jackson, Mississippi sued the city, challenging a pay system that granted pay raises at higher percentage rate to workers employed less than five years. Most workers who qualified for the larger increases were under age of 40, while the claimants were all over age 40 (A.A.R.P., n.d.). The court ruled that employees over age 40 sue under the ADEA when the company's action has a disparate impact on their age group and that company's action was not reasonable. Most importantly, the Court ruled that employees are not required to prove the company intended to discriminate against the employees in a disparate impact case (A.A.R.P., n.d.). The Federal Age Discrimination in Employment Act of 1967

The statute that was interpreted in the above case is the Federal Age Discrimination in Employment Act, which prohibits discrimination against persons age 40, and over on the basis of their age (The United States Equal Employment Opportunity Commission, 1997). While federal law does not prohibit discrimination against those younger than 40 (and applies only to government employers and private companies with 20 or more employees), many states have enacted laws to include these employees. In Florida, for example, employees have additional protection from the Florida Civil Rights Act of 1992 (FCRA). While the FCRA also prohibits age discrimination as noted in the ADEA, no specific age group is specified. The FCRA forbids discrimination against any individual on the basis of age (Spero, Esq., 2000). Employer Impact from Age Discrimination Cases

The decision was issued and became effective on March 30, 2005. This decision applies to all pending and new cases occurring after the issue date of the decision. The ruling states that workers over 40 can sue under disparate impact, meaning that while the company's policies may not specifically state age, in actuality they effect older workers. As an example, a job description that focuses on an employee being computer literate for a position that does not require computer use would be in violation of the act. (A.A.R.P., n.d.) Summary

Older workers have the right to use disparate impact as the basis for age discrimination actions. As a result of this decision, employers need to closely monitor the employment practices used. At a minimum, the policies must be age-neutral, not provide special benefits to one age group, and ensure that the policies comply with the ADEA and other state and local age discrimination statutes. Employment Law - Religion in the Workplace

Statutes relating to religion
Title VII as originally drafted contained broad exemptions for religious entities; however, by the time the Act was signed into law, it had lost most of its effectiveness. There are two exemptions provided for religious organizations: section 702, which affects the hiring practices of religious entities and section 703(e) (2) which allows religious educational institutions to "hire and employ employees of a particular religion." (Foltin & Standish, 2004, p. 3). While dealing with the special religious organizations' concerns, Title VII did little to give direction to employers who needed to address the questions of how to address their employees' religious practices and beliefs. In order to clarify some of the most urgent...

References: A.A.R.P. (n.d.). Supreme Court rules on Age Discrimination. Retrieved May 17, 2006, from
Americans with Disabilities Act (1990). 42 U.S.C. statute 12101 et seq. Retrieved May 19, 2006, from
Electronic Code of Federal Regulation (29 CFR XIV). Part 1630.4. Retrieved May 19, 2006, from
Foltin, R. T., & Standish, J. D. (2004, Summer 2004). Reconciling faith and livelihood: religion in the workplace and title vii. Human Rights Magazine, Retrieved May 20, 2006, from
Hansen, B. (2002, August 23). Religion in the workplace. The CQ researcher, 12, 649-672. Retrieved May 20, 2006, from cqresrre2002082300.
Korry, E. (1997, June 24). Sue your employer. National Public Radio, Retrieved May 19, 2006, from
Spero, D. J. Esq. (2000). Age Discrimination in Employment Act. Retrieved May 19, 2006, from
The United States Equal Employment Opportunity Commission (1997, January 15, 1997). The Age Discrimination in Employment Act of 1967. Retrieved May 19, 2006, from
Trans World Airlines, Inc. v. Hardison (1977). 432 U.S. 63. Retrieved May 20, 2006, from
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