Civil Rights and Criminal Justice: Employment Discrimination Overview

• NCJ Number: 154278
• Author(s): P N Rubin
• Date Published: 1995
• Length: 8 pages
• Grant Number(s): 92-IJ-CX-0009
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Sale Source: National Institute of Justice/NCJRS; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: From National Institute of Justice Research in Action

Annotation

This article explains the effects of various employment discrimination laws on the criminal justice system; it focuses on those Federal statutes that directly impact the rights of criminal justice employees.

Abstract

Federal laws that relate to equal employment opportunity prohibit discrimination on the basis of race, color, religion, sex, age, national origin, or disability; however they allow exclusion of members of a protected class if there is a "bona fide occupational qualification," i.e., a valid job-related requirement that is necessary to normal business operation. At least three Federal laws -- Title VII of the 1964 Civil Rights Act, the Equal Pay Act of 1967, and the Pregnancy Discrimination Act -- prohibit sex discrimination. Except in rare instances, employers are required to ignore gender when hiring or promoting; provide equal pay to all employees, regardless of gender; and treat pregnancy the same as any other temporary disability. The Family Medical Leave Act requires employers to provide 12 weeks of unpaid leave for employees to care for a newborn, adopted, or foster child or a spouse, child, or parent with a serious health condition. Courts have found that certain exceptions may permit religious "discrimination." To comply with laws that prohibit discrimination on the basis of national origin, criminal justice agencies should avoid height and weight requirements that are not related to job performance; ensure that employees who speak with an accent are given equal access to promotions and benefits; and prohibit ethnic slurs or verbal or physical abuse of employees based on their national origin or citizenship status. To qualify under Title I of the Americans With Disabilities Act, a job applicant or employee must be able to perform the essential functions of the job, with or without a reasonable accommodation. Federal law prohibits age discrimination against persons 40 years or older, but it does not restrict criminal justice agencies from imposing minimum-age requirements for officers. 29 notes