In a recent webinar with McGeorge School of Law’s Master of Science in Law (MSL) program, Professor Wendi Ross, who teaches Employment Law, discussed anti-discrimination in the workplace. Drawing on more than 30 years of experience in labor and employment law, she covered how legal principles influence everyday employment decisions and what HR professionals need to know to help foster fair, compliant workplaces.
Wendi is an experienced labor and employment attorney with more than three decades of legal experience in the public sector. She most recently served as Deputy General Counsel for the California Public Employee Relations Board, where she was responsible for ensuring the consistent application of California’s collective bargaining laws. Wendi also received her JD from McGeorge School of Law, where she is now a professor in the MSL program.
The MSL offers 5 concentrations: Business Law, Government Law & Policy, Health, Human Resources, and Water & Environmental Law. This course, Employment Law, is available as an elective in any of the concentrations.
Laws Prohibiting Discrimination in the Workplace
Numerous federal, state, and local laws statutorily prohibit discrimination in the workplace. They include:
- The Age Discrimination in Employment Act prohibits employers from discriminating against employees who are 40 years of age or older.
- The Americans with Disabilities Act prohibits discrimination against qualified applicants or employees with disabilities and requires employers to make reasonable accommodations in certain circumstances.
- The Equal Pay Act ensures employees are paid in a non-discriminatory manner.
- The Immigration Reform and Control Act prohibits discrimination in the workplace on the basis of citizenship or national origin.
- The National Labor Relations Act prohibits employers from discriminating against employees based on their protected activities, not necessarily their union activities.
- The Pregnancy Discrimination Act prohibits employers from discriminating against a pregnant worker or after an employee has given birth.
- Title VII of the Civil Rights Act prohibits discrimination on the basis of certain characteristics, including race, color, national origin, age, religion, disability, pregnancy, and sex, including gender, sexual orientation, and gender identity.
- Finally, the Uniformed Services Employment and Reemployment Rights Act prohibits discrimination against applicants or employees who serve in the armed forces.
At the state level, one example of a law that prohibits discrimination in employment is California’s Fair Employment and Housing Act. Further, local governments have their own anti-Discrimination laws and regulations.
A Deep Dive Into Workplace Discrimination
The specific characteristics or classifications that are protected by the above laws include:
- Race or color
- Religion
- Sex and Gender Identity
- Pregnancy
- National origin
- Age
- Disability
If an applicant or employee feels that they have been discriminated against, they can file a complaint with their employer or file directly with an administrative agency. The agency that most commonly deals with discrimination claims from applicants or employees at the federal level is the Equal Employment Opportunity Commission (EEOC), which handles complaints of both intentional discrimination as well as actions that have the effect of discriminating against an individual or group of individuals.
In California, the Civil Rights Department handles discrimination complaints pursuant to the Fair Employment and Housing Act. Many states have similar agencies that handle complaints of discrimination.
When an employee or applicant files a discrimination lawsuit, generally within 90 days of receiving a Notice of Right to Sue from the Equal Employment Opportunity Commission, that individual may seek several remedies. These may include back pay, lost benefits, reinstatement, placement in a promotional position or corresponding pay, reasonable accommodations, out-of-pocket expenses, and court-related costs such as filing fees, attorneys’ fees, and expert witness fees. If the employer is found to have engaged in intentional discrimination, the employee may also be entitled to compensatory and punitive damages.
A Discrimination-Free Workplace
In the employment law course, students spend a great deal of time discussing ways employers can ensure a discrimination-free workplace. To start, all pre-hire paperwork, including the employer’s anti-discrimination policy and personnel manual, must be completely up to date with current discrimination laws. Applicants should thoroughly read those documents, sign and date an acknowledgment that they have read and understood them, and copies should be maintained in the employee’s confidential personnel file while also being provided to the employee.
In addition, employers should provide effective and regular anti-discrimination and sexual harassment training. And then finally, one of the employer’s main tasks is to treat all employees, including supervisory employees and managerial employees, in a uniform and consistent manner.
The MSL at McGeorge
One of the greatest benefits of the MSL program is its practical application. Throughout the employment law course, McGeorge focuses on real-world issues, including how employers can ensure that both their current and future workplaces comply with local, state, and federal employment laws.
In addition to compliance issues, the course covers practical methods for alternative dispute resolution, fact-finding, mediation, and arbitration. Labor relations and other workplace issues that human resources professionals regularly encounter are also discussed. The emphasis throughout the course is on providing practical knowledge, and many students report immediately applying what they learn in the workplace.
Ready to gain these legal skills? Learn how our MSL program helps HR professionals foster compliant, fair workplaces. Schedule a program advising appointment with an advisor today.