Workforce Diversity Case

                                        Workforce Diversity

In this paper I will discuss several laws which I believe create the most diversity in the workforce. While laws such as Equal Pay Act (1963) and the Age Discrimination in Employment Act (1967) go a long way toward equalizing the treatment of employees within the workforce, other laws appear to have created greater opportunities for certain individuals to enter the workforce and advance within it once employed. As such, I have chosen to report on the Civil Rights Act (1964), the Civil Rights Act (1991), the Rehabilitation Act (1973) and the Americans with Disabilities Act (1990). The first part of the paper will discuss the two statutes that address workplace discrimination targeting disabled persons, and thereafter I will discuss the two Civil Rights Acts and how they work together to deter discrimination and encourage diversity. While the two sets of laws address discrimination aimed at two distinct groups, these laws are similar in that they afford opportunities to diverse groups that were previously discriminated against to a greater extent. The protections provided have led to increased acceptance within the workforce along with increased advancement opportunities. This has created a more diverse workforce where different subgroups are well represented.

        The Rehabilitation Act (1973) was the federal government’s first significant foray into protecting disabled citizens’ workplace rights. The Act is narrow in that it applies only to federal employers and prohibits discrimination in hiring and advancement, and further provides for rehabilitation within the workforce. The Act also contains significant reporting and tracking provisions that require federal agencies to monitor the effectiveness of steps taken to guard against discrimination and foster environments that will result in the hiring and advancement of disabled employees. Finally, the Act creates a cause of action for victims of a violation and provides for availability of attorney’s fees for a prevailing party other than the U.S. government. The latter is important as it increases the threat of litigation and influences employers to take precautions against violations by their entity and its managers.

The next step in protecting disable citizens is the Americans with Disabilities Act (1990) (ADA), which prohibits private workplace discrimination based upon the disability of an employee or potential employee. When an applicant or employee is qualified, the law makes it illegal to discriminate in the hiring, firing, promotion, pay advancement and other terms, conditions, and privileges of employment. Unlike the Rehabilitation Act, the 1990 Act applies to all employers with fifteen (15) or more employees, state employers, and labor unions. Further, the law is extended to cover federal employers and supplements the Rehabilitation Act. Under the ADA an employer cannot discriminate against a person with a disability when that person is qualified. Essentially, a person is disabled when they have a physical or mental impairment that substantially limits one or more major life activities. Generally, a person is qualified if they can perform the job with or without reasonable accommodation. The ADA also makes it unlawful to retaliate against an individual who makes a request under the ADA, and the Act creates a cause of action for victims of discrimination.

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