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Sample Essay on Discrimination Acts

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Sample Essay on Discrimination Acts

Equal Pay Act (EPA)

Summary

EPA basically requires that there should be no any form of employee wage discrimination based on gender (MAYS & KERR LLC). This means that both genders are entitled to equal pay for duties being performed in equal capacities. For example, all women and men lawyers working as attorneys in district courts should receive equal salaries. This means employers must ensure that there is equity in relation all employee compensation. Compensation includes bonuses, salaries, insurance plans, allowances, benefits, and overtime among others (EOCC). Furthermore, this act requires there should be no discrimination for jobs with equal effort, responsibility, skill, establishment, and working conditions. In this regard, skill relates to employee training, experience, education, and ability in the job environment. For example, in the sales department, an employee with a PhD in mathematics would be considered equal to his or her counterpart who does not have the same educational level so long as they are both qualified in relation to sales. Additionally, employees are entitled to pay raises, liquidated damages, attorney fees, and back pay in case of violations.

Examples of violations

            Firstly, EPA violation can be applicable when a male IT manager receives more pay than his female counterpart with equal duties and job designation. The employer is considered to have violated rules on the basis of sex. As such, the discriminated party should be able to prove equity in job description and title for the violation to be valid.

            Secondly, violations may occur when employees get different pays in relation to establishment. A female employee gets more pay than a male employee due to the fact that they operate under different locations physically despite being assigned similar responsibilities qualifies as EPA violations. According to EPA, employees working in different physical locations with the same responsibilities under one establishment deserve equal pay.  

Pregnancy Discrimination Act (PDA)

Summary

            This act prohibits discrimination based on employee pregnancy, medical conditions, and child birth (SHRM). This means that pregnant women should equally be treated as others with similar limitations or abilities in the work place. This acts highlights issues related to hiring, health insurance, maternity leave, and benefits. Firstly, employees should not be side lined based on their pregnancy conditions so long as they are able to accomplish tasks. This means that they are entitled to equal treatment, pay, promotions, and trainings among others. Secondly, health insurance must be accessible and able to cover employee medical and pregnancy conditions (SHRM). This act does not include abortion expenses unless there are complications or threats concerning the mother’s life (SHRM). This means that both female and male should be equal health benefits. Thirdly, pregnant women should also be given leave periods based on the leave acts. The leave can be paid or unpaid based on eligibility. Additionally, pregnant women must be allowed disability leaves just like any other employee with temporary disabilities (EOCC). Furthermore, there must be a universal and equal remittance of benefits for all workers on leave irrespective of their conditions.

Examples of violations

            Firstly, failing to hire women on the basis of their pregnant conditions qualifies as a violation. Employers should look at the ability of the individual to perform duties instead of the person’s condition. As such, pregnant women should equal opportunities like any other women seeking employment

            Secondly, denying eligible mothers maternity leave can also be considered as a violation. This is because the act permits such rest periods for pregnant women. The difference in rest periods depend on each an every country’s leave policies. As such, women should be accorded this right.

Age Discrimination in Employment (ADEA)

Summary

            This act protects discrimination against people based on their age (EOCC). It mainly protects employees of 40 years and above from discrimination based on various employment issues such as hiring, compensation, privileges, discharge, and promotions (United States Department of Labor). This means that people above this age have the right to work anywhere and should not be sidelined. In relation to ADEA, work situations, harassment, and employment practices are matters of concern. Firstly, this act forbids any favor related to job assignments, layoffs, firing, training, and benefits among others in relation to work situations. This means that employees are entitled to all these issues. Secondly, employees must not be subjected to any kind of harassment based on their age (EOCC). It may come from co-workers, clients, supervisors, and managers among others. Harassment may include offensive remarks concerning a person’s age. Such remarks create hostility in the work place and may lead to issues such as demotion. In relation to employment practices, employees must not be favored based on their age because these policies are applicable to across all ages (EOCC). Furthermore, older workers should benefits such as retirement and health with no discrimination.

Examples of violations

Firstly, denying older workers that are forty and above in age rights such as compensations, layoffs, remuneration, and training constitute a violation. This is because ADEA protects them from such discrimination.

Secondly, harassing workers in their work stations also constitute a violation. For example, using a phrase like “you old lazy grandfather can you work” may be considered as use of offensive language. If violations are proven to be valid, remedies such as pay raises, liquidated damages, attorney fees, and back pay may apply.

Suggestions to reduce likelihood of violations

            In relation to EPA, employers must ensure that all workers delegating similar duties are equally paid irrespective of sex.

            Secondly, employers can reduce likelihood of PDA by ensuring that pregnant women gain access to health insurance, maternity leave, and benefits. Furthermore, they should not face any kind of prejudice in the job environment.

            Thirdly, employers must also ensure that older workers are not harassed and able to access benefits just like any other employee. For example, demoting or firing a supervisor for use of offensive language greatly reduces the chances of harassment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Works Cited

EOCC. Facts About Equal Pay and Compensation Discrimination. Eocc.gov. web. 13 Apr. 2017.

EOCC. Age Discrimination. Eocc.gov. web. 14 Apr. 2017.

MAYS & KERR LLC. Equal Pay Act Violations. Maysankerr.com, 2 Mar. 2017. Web. 13 Apr. 2017.

SHRM. Pregnancy Discrimination Act. Shrm.org, 13 July 2016. Web. 13 Apr. 2017.

United States Department of Labor. Age Discrimination. Dol.gov, 6 May 2016. Web. 14 Apr. 2017.

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