Relationship Analysis Between Statutes and Case Law
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).
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).
References: A.A.R.P. (n.d.). Supreme Court rules on Age Discrimination. Retrieved May 17, 2006, from www.aarp.org/money/careers/employmentresourcecenter/ Americans with Disabilities Act (1990). 42 U.S.C. statute 12101 et seq. Retrieved May 19, 2006, from http://www4.law.cornell.edu.uscode.html/uscode42 bestpractices/age_discrimination.html Electronic Code of Federal Regulation (29 CFR XIV). Part 1630.4. Retrieved May 19, 2006, from http://ecfr.gpoaccess.gov/cgi/t/text 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 http://www.abanet.org/irr/hr/summer04/reconcile.html Hansen, B. (2002, August 23). Religion in the workplace. The CQ researcher, 12, 649-672. Retrieved May 20, 2006, from http://library.cqpress.com/cqpac/ cqresrre2002082300. Korry, E. (1997, June 24). Sue your employer. National Public Radio, Retrieved May 19, 2006, from http://www.npr.org Spero, D. J. Esq. (2000). Age Discrimination in Employment Act. Retrieved May 19, 2006, from http://www.hr-guide/data/A07301.htm The United States Equal Employment Opportunity Commission (1997, January 15, 1997). The Age Discrimination in Employment Act of 1967. Retrieved May 19, 2006, from http://www.eeoc.gov/policy/adea.html Trans World Airlines, Inc. v. Hardison (1977). 432 U.S. 63. Retrieved May 20, 2006, from http://www.law.indiana.edu/instruction/lamber/vault/423_us_63.pdf