Mandatory Injunction For Employment Discrimination
Employment discrimination occurs when employers single out employees or job candidates illegally or on the grounds of race, sex, age national origin, disability. According to the EEOC (Equal Employment Opportunity Commission), employers cannot discriminate applicants or current employees in the following aspects of employment: |
- Benefits and perks
- Hiring and firing
- Testing
- Leave due to disability
- Retirement plans
- Transfers, promotions and layoffs
- Recruitment
- Compensation
For instance, if a boss fires an employee because of his age, then it is likely to be employment discrimination under federal law. According to the EEOC, there has been a notable increase in employment discrimination in terms of age (about 15 percent), disability (14 percent), and race (12 percent) since the early 1990s.
There are certain remedies available if evidence is found against discrimination caused intentionally or by practices that have a discriminatory effect. Remedies include promotion, back pay, reinstatement, and reasonable accommodation.
Compensatory and punitive damages may also be available if evidence of intentional discrimination is found. These come under most EEOC-enforced laws. If an employer acted with reckless indifference or malice, he is also liable for punitive damages.
In some cases, Section 706(g) of Title VII (of the Civil Rights Act, 1964) grants authority to impose injunction whenever the employer has engaged or intentionally engaging in an unlawful employment practice. Title VII also indicates that injunctions are appropriate even where the discrimination occurred in the past.
Injunctions for discrimination in the past are appropriate where a practice or pattern of discrimination is proven and is also likely to continue. Title VII grants a court to award an injunction based on discrimination in the past. But it also requires the plaintiff to provide evidence showing of any harm that may happen in the future.
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Disparate impact is a legal theory for proving that an employer has engaged in discrimination against a specific group of employees or job applicants of the same sex, race, religion or ethnicity. The disparate impact methodology also states that it dos not requires evidence of an employer discrimination.