Discrimination in the Workplace

Essay by catherine34108University, Bachelor'sA+, April 2004

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An American citizen has the right to apply for and be fairly considered for jobs, apprenticeships and traineeships on the basis of merit. There are laws in America that state the rights of American citizens in regards to securing employment. These laws are only relevant to employers who employ 15 or more employees. What about the smaller companies? Should they be liable to adhere to these same laws? A law should protect each employee whether or not it is determined that the employer employs less than or more than a certain number of employees.

The laws are clearly stated for employers retaining 15 or fewer employees. An employer with less than 15 employees in any given year, inclusive of the previous year has to count each employee throughout who is employed 20 weeks out of the year.

The phrase "in each of twenty or more calendar weeks in

the current or preceding calendar year" means that the employer must have the requisite number of employees for twenty or more calendar weeks in either the current or preceding calendar year.

The weeks need not be consecutive (EEOC Compliance Manual, Volume II, § 605.8(b).

Any employee who works part-time is included as well.

According to the Office of Legal Counsel, (1997), if an employer has less than 15 employees, no category is protected and an employer can hire or fire "at will". So far, employers have discriminated against people on the basis of long hair and facial hair (except when worn for religious reasons), sexual orientation, handicap or disability, weight (except when the weight is because of a medical condition), and because the employer wants to hire a family member or promote a family member. Under the law, an employer can refuse to hire you because you are too young, but not...