Greensboro, NC (PressExposure) July 23, 2008 -- In the United States, employment discrimination is prohibited by a collection of state and federal laws, as well as by ordinances of counties and municipalities.
Employment discrimination laws prohibit intentional discrimination, as well as neutral practices that inadvertently produce a disparate impact on individuals of a particular race or sex, unless there are bona-fide occupational qualifications (BFOQ) that justify such discrimination. Learn more of this with the North Carolina employment lawyer.
Such practices include the use of standardized tests (which may harm minority applicants) or height (which may harm women) in the hiring process, unless these characteristics are required by the position.
However, when defending against a disparate impact claim that alleges age discrimination, an employer does not need to demonstrate necessity; rather, it must simply show that its practice is reasonable.
The United States Constitution and some state constitutions 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. Visit the North Carolina employment lawyer for more information about this.
The Fifth Amendment to the United States Constitution and Fourteenth Amendment to the United States Constitution 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. It also contains an implicit guarantee that that the Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. More information on this with the North Carolina employment lawyer.
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.
It should be note that both Due Process and Equal Protection Clauses are passive. The real clause empowers Congress to pass anti-discrimination bills. For further explanation about employment discrimination, then visit the North Carolina employment lawyer for more details.