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State and Federal systems

March 24, 2016 | Author: | Posted in law

A Comparison of Federal and Puerto Rican Employment Protections

Following the Industrial Revolution of the Nineteenth Century , the federal government of the United States pursued the enactment of various laws to protect the rights of individual laborers . This was primarily spawned at the insistence of labor unions , which were legalized in the same time period . Throughout the following century , a number of revisions and improvements were made upon these laws , to the point where at the present individual workers enjoy the full legal protections of the United States government at their places [banner_entry_middle]

of employment

These federal statutes cover all areas from age discrimination to discrimination against those with disabilities . One major statute is based on Title VII of the Civil Rights Act , which makes it illegal for an employer to discriminate against a worker on the basis of race color , religion , sex , or national origin . This applies to not only treatment on the job , but to all aspects of the employment process including hiring , promotion , discharge , pay , fringe benefits , job training , classification , and referral . Employers are prohibited from showing preference while advertising or recruiting . For example , an employer may not post advertisements for a position that are tailored exclusively to a particular gender , or insinuate during the hiring process that individuals fitting a certain are more likely to be hired (Department of Labor

Falling under the same statute , employers cannot dismiss an employee for any of the above classifications , and cannot pay less on the basis of gender , race , etc . This was a common practice before the creation of such protections , as in many circumstances women were paid much less for working the same jobs that men were being paid much higher to complete In addition to this , the federal statutes prohibit child labor , which means in most states that workers under the ages of 18 or 16 are subject to certain restrictions in the number of hours a week they may work , and other aspects of working the job including the use of tools and operation of machinery (Department of Labor

As well , Title I of the Americans With Disabilities Act prohibits employers of fifteen or more employees to discriminate against qualified individuals with disabilities . This law is inapplicable in some circumstances . Obviously , if an individual is disabled in such a way so as to make them wholly unable to perform the duties of a given job , it is not considered discrimination for the employer to refuse to hire them . However , in some cases involving minor mental illness , where individuals are still able to adequately perform the function of a job which may or may not require less skill , employers are not permitted to discriminate on the basis of the disability , and are subject to being penalized if they are discovered doing so (Andrade

The federal government left some areas of employment protection to be decided by the individual states . One example of this is minimum wage Though there is a fairly low standard of minimum wage established… [banner_entry_footer]

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