LibGuides: Business Law: Antidiscrimination Law

It requires no argument to show that the right to work for a living in the common occupations of the community is of the very essence of the personal freedom and opportunity that it was the purpose of the Amendment to secure.

Truax v. Raich, 239 U.S. 33, 41, 36 S. Ct. 7, 10, 60 L. Ed. 131 (1915)

Antidiscrimination law

Federal laws and agencies dedicated to the enforcement of non-discriminatory practices in employee relations. Compliance with non-discriminatory practices usually entails documentation of procedures for hiring, firing and changes in the condition of employment.

Title VII of the Civil Rights Act of 1964 is the foundational law for addressing employment discrimination though there many laws that interpret and expand that law listed below

Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a landmark U.S. civil rights law passed in 1990 that prohibits discrimination against individuals with disabilities in areas such as employment, public services, transportation, and accommodations. Its goal is to ensure equal opportunities, access, and rights for people with disabilities across all aspects of public life.
Age Discrimination in Employment Act
The Age Discrimination Act of 1975 prohibits discrimination based on age in programs and activities receiving federal financial assistance. Its purpose is to ensure that individuals of all ages have equal access to services, benefits, and opportunities provided through federally funded programs.
U.S. Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is a U.S. federal agency responsible for enforcing laws that prohibit workplace discrimination. It provides clear guidelines and resources to ensure any business entity complies with federal anti-discrimination laws, which can prevent costly legal issues and create a fair, inclusive workplace. For businesses that may not have dedicated HR departments or legal teams, the EEOC offers free training, educational materials, and technical assistance to help them understand their responsibilities. Additionally, if a complaint is filed, the EEOC often encourages mediation, giving businesses a chance to resolve disputes quickly and efficiently without going to court.
Small Business Administration
The Small Business Administration (SBA) is a U.S. government agency that supports entrepreneurs and small businesses through a variety of programs and services. Its main goal is to help small businesses start, grow, and succeed. The SBA provides access to funding through loan programs by partnering with banks and other lenders, making it easier for small businesses to get loans they might not qualify for otherwise. It also offers counseling, training, and mentorship through its network of local offices, Small Business Development Centers (SBDCs), and programs like SCORE. Additionally, the SBA helps small businesses win government contracts by ensuring a portion of federal contracting dollars go to small and disadvantaged businesses. The SBA serves as a key resource for small businesses by offering financial assistance, guidance, and opportunities to compete and thrive in the marketplace.
IRS Small Business and Self-Employed Tax Center
The IRS Small Business and Self-Employed Tax Center is an online resource that provides tax information and tools specifically designed for small business owners, freelancers, independent contractors, and the self-employed. It helps individuals understand and meet their federal tax responsibilities throughout the entire business life cycle—from starting a business and choosing a business structure to filing taxes and closing a business.

Moreover antidiscrimination law is evolving. In addition to extra protections from the state the following policies have been made law:

Genetic Information Nondiscrimination Act (GINA, 2008)
Lilly Ledbetter Fair Pay Act (2009) which re-set the statute of limitations clock for pay discrimination claims.

Books

The Conceptualization of Equality and Non-Discrimination As Legal Standards by Titia Loenen
ISBN: 9004537856

Publication Date: 2024-12-19

This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
Employment Discrimination: Practice and Procedure 2022 Edition
Call Number: KFI 1534.5 .D5 E47

Publication Date: 2022
Federal Law of Employment Discrimination in a Nutshell by Sandra Sperino
Call Number: KF3464 .Z9 P55 2024

This text is designed to assist students--both law and undergraduate--to achieve a basic understanding of this complex area of the law, and provide an up to date review for the practitioner. The focus is upon Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.
The Law of Employment Discrimination by Sandra F. Sperino
Call Number: KF3464 .S695 2019

This book provides comprehensive treatment of the major federal employment discrimination statutes, focusing on Title VII, the ADEA, the ADA, and Section 1981. It discusses who is liable for discrimination and the people the statutes protect from discrimination. The book offers an extensive discussion of the frameworks for analyzing discrimination, including frameworks for individual disparate treatment, pattern or practice, harassment, disparate impact, and retaliation. One chapter focuses on religious accommodation and another chapter focuses on disability accommodation. The book also contains separate treatment of affirmative action. It also explores defenses to discrimination claims, the procedure for pursuing claims, and remedies. The book provides extensive discussion of canonical cases.