DO THE FOLLOWING EQUAL EMPLOYMENT STATUTES APPLY TO YOUR SITUATION?
- Civil Rights Act of 1866 (42 USC § 1981), providing all persons of different race, ancestry or ethnic characteristics the same rights as white citizens to enforce contracts and to equal benefit of the law, enforceable by lawsuits, including jury trials.
- Civil Rights Act of 1871 (42 USC § 1983), a counterpart to 42 USC § 1981, applicable to public employers or persons acting under color of law.
- Equal Pay Act of 1963 (29 USC § 206 et seq.), providing equal pay for men and women performing equal work.
- Title VII of the 1964 Civil Rights Act (42 USC § 2000e et seq.), prohibiting classifications or adverse employment actions based on race, color, national origin, sex or religious preference.
- Lily Ledbetter Fair Pay Act (42 USC § 2000e–5(e) (3)(A)), amending Title VII to overturn the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. (2007) 550 US 618, 127 S.Ct. 2162, and adopting a more liberal standard for application of the statute of limitations for discriminatory compensation decisions or other practices.
- Age Discrimination in Employment Act of 1967 (“ADEA”) (29 USC §§ 621–634), originally prohibiting employment discrimination based on age between 40 and 65 and now prohibiting age discrimination against all those over 40, with limited exceptions, and requiring that enforceable settlements of federal age discrimination claims conform to specified statutory standards provided in the Older Workers Benefit Protection Act (“OWBPA”), enacted in 1990.
- Americans with Disabilities Act (“ADA”) (42 USC § 12111 et seq.), enacted in 1990, prohibiting discrimination against those who are mentally or physically disabled, or who are so perceived or who have a record of such disability, and requiring reasonable accommodation where this would permit such persons to perform the essential functions of their jobs.
- ADA Amendments Act of 2008 (42 USC § 12101 et seq.), substantially amending the ADA to liberalize the definition of “mental and physical disabilities” and in other respects.
WE CAN HELP
To determine if you have a viable equal employment action, you should contact an employment attorney immediately to protect your legal rights under both State and Federal laws.
The employment law matters are often complex and fact specific. At Mostafavi Law Group, APC, we treat your situation uniquely, and will tailor our representation to your situation and needs with commitment and zealous advocacy to maximize the recovery for you.