Disabilities Act

The coverage, however, of Title VII does not include employees from private firms. In the case of hiring aliens or noncitizens, private firms whose employers refuse to hire on the basis of national origin are exempted (Schmid, 2001). Moreover, Title VII of the Civil Rights Act of 1964 does not define the term “national origin”. The basis of national origin is guided only by the legislative history particularly from Representative Roosevelt who clarified that national origin means “nation” or the country that the individual came from.

Representative Dent, on the other hand, added that national origin does not include color, religion, or race or a person. However, according from the Equal Employment Opportunity Commission (EEOC) and most courts, the Congress intended to categorized national origin including the national groups and groups of people from the same ancestry, heritage, or even background (Lindemann et al. , 2002). On the other hand, women particularly pregnant women, suffer from some employment policies and practices whose employers deprived them of voluntary leave during and after pregnancies and other related benefits.

Only women can be pregnant but there are no laws that categorize pregnancy as sex-based. Additionally, pregnancy is not included in the list of compensable disabilities which made it a crucial issue especially in insurance programs. There were several cases concerning pregnancy and as a result, the Congress passed the Pregnancy Discrimination Act in 1978 which prohibits according from the Title VII an intentional discrimination against pregnant employees.

However, this Act only restricts discrimination based from pregnancy or childbirth only and does not prohibit disparate treatment of employment decisions regarding the employee conduct that may be related to pregnancy (Lindemann et al. , 2002). Other minority groups aside from women, particularly individuals with disabilities, have also received an employment support from the American government after the Congress passes the Americans with Disabilities Act of 1990 (ADA). More than 49 million people suffer from employment policies that prevent those with disabilities from getting hired.

As a result of ADA enactment, the quality of workforce increase, social integration is promoted, and the dignity of individuals with disabilities was boosted. People with disabilities have been in continuous struggle for civil rights recognition for many years; but through ADA, they can now be hired, promoted, retained, and treated equally. ADA also covers for the modification of accessible public accommodations, transportation, and telephone particularly for deaf individuals, people with hearing difficulties, or speech problems.

However, change of his public accommodation services and equipments can be achieved only for many years while people with disabilities must bear with the inaccessible public transportation and job sites (Blanck, 2000). Another employment law on discrimination is the Age Discrimination in Employment Act of 1967 (ADEA) which was emended in 1978 and 1986 referring specifically to workers aged 40 working with 20 or more employees. This prohibits the replacement or termination of older workers such as replacing older managers with younger and less experienced employee.

The older workers are given the right to file lawsuits if they are not treated equally to the younger workers. However, ADEA does not apply to cases against state government employers filed in federal courts since this is argued as a federal law. Also, it does not cover age as an occupational qualification or discharged due to poor performance (Mathis & Jackson, 2006). In 1993, after the Family and Medical Leave Act (FMLA) was enacted, an estimate of 20 million workers have taken leave. The coverage of this Act was even extended by President Clinton in 1999 during his State of Union address.

The goal of FMLA is to “balance the need of the workplace with the needs of the families and to promote national interest in preserving family integrity” or the right for the employees for an unpaid leave of absence in order to have time for their children, care for a family member with considerable health condition, or to have time for self to receive medical treatment or recovery from serious health condition (Ford, Notestine, & Hill, 2000). Additionally, employees have the privilege for coverage from health insurance.

The employees covered are both the public and private firms but private firms are required for employers with 50 or more than workers working in a day. The goal of his act is helpful for the employees and their families. However, contradictory as to what President Clinton said that it is one of the easiest laws to implement, the regulations under the FMA seem to confuse many employers. There were many cases filed in the courts regarding the FMLA and it turned out that the employers and the courts have different interpretations and there were also disputes between the employers and the workers on the requirements for eligibility (Ford et al.2000).

References

Blanck, P. D. (2000). Employment, Disability, and the Americans with Disabilities Act. Retrieved 4 June 2008, from http://books. google. com/books? id=N42BPPYrHIEC Crosby, F. J. , Stockdale, M. S. , & Ropp, S. A. (2007). Sex Discrimination in the Workplace: Multidisciplinary Perspective. Retrieved 4 June 2008, from http://books. google. com/books? id=PJS5P9N4dAUC Ford, K. E. , Notestine, K. E. , & Hill, R. N. (2000). Fundamentals of Employment Law. Retrieved 4 June 2008, from http://books. google. com/books? id=NcVT1U2nNdkC Gerards, J. H., Heringa, A. W. , & Janseen, H. L. (2005).

Genetic Discrimination and Genetic Privacy in a Comparative Perspective. Retrieved 4 June 2008, from http://books. google. com/books? id=Qlln3z-6w5kC Holloway, W. J. , & Leech, M. J. (2003). Employment Termination: Rights and Remedies. Retrieved 4 June 2008, from http://books. google. com/books? id=zu6VFJlxYtkC Lindemann, B. , Grossman, P. , & Cane, P. W. (2002). Employment Discrimination Law. Retrieved 2 June 2008, from http://books. google. com/books? id=QmpR2PZ3q8oC Loevy, R. D. , Humphrey, H. H. , & Stewart, J. G. (1997). The Civil Rights Act of 1964.

Retrieved 2 June 2008, from http://books. google. com/books? id=z7oMQewsSy8C Mathis, R. L. , & Jackson, J. H. (2006). Human Resource Management. Retrieved 4 June 2008, from http://books. google. com/books? id=9fWF_ndSCcAC Schmid, C. L. (2001). The Politics of Language. Retrieved 4 June 2008, from http://books. google. com/books? id=JIuO9HmX_8QC Solotoff, L. , & Kramer, H. S. (1994). Sex Discrimination and Sexual Harassment in the Work Place. Retrieved 4 June 2008, from http://books. google. com/books? id=u6hpaEiUsNsC