This paper looks at discriminatory practices including bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment, focusing specifically on the United States.
The following paper is a discussion on the main body of employment discrimination laws, which are composed of federal and state statutes, with a look at some state constitutions which provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer. Hypothetical fact patterns are posed where several issues are raised, such as the pay differential between employees.
“The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth amendment has an explicit requirement that the federal government not deprive individuals of “life, liberty, or property,” without due process of the law. See U.S. Const. amend V. It also contains an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual’s rights of due process and equal protection. See U.S. Const. amend XIV. In the employment context the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex).”