What are the differences between federal and state employment discrimination law?
When it comes to employment discrimination law, federal and state laws have some differences. On a federal level, the Civil Rights Act of 1964 provides the basis for all employment discrimination laws. This law, commonly called Title VII, prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. It also applies to immigrants and those of different age, and disability. In Virginia, the Virginia Human Rights Act (VHRA) also prohibits employment discrimination. This law, however, expands the prohibited categories of discrimination to include gender identity and sexual orientation. It also applies to state and local government institutions and covers employers with more than 15 employees. Another major difference between the federal and the state level is the level of enforcement. On a federal level, the U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII. On the state level, the Virginia Department of Human Rights is responsible for enforcing the VHRA. Lastly, the type of remedies available also differ between the federal and state level. On a federal level, an employee can seek compensation for back wages, front pay, reinstatement, injunctive relief, and in some cases, attorney’s fees and costs. On the state level, an employee can seek compensatory and punitive damages as well as attorney’s fees and costs. In conclusion, there are several differences between federal and state employment discrimination law. Federal law is governed by the Civil Rights Act of 1964 and applies to employers with 15 or more employees. Virginia’s Human Rights Act expands the prohibited categories of discrimination and is enforced by the Virginia Department of Human Rights. Lastly, the types of remedies available to employees also differ between the federal and state level.
Related FAQs
How does an employee prove an employment discrimination claim?What is the legal definition of "disparate treatment"?
Are employers required to provide reasonable accommodations to pregnant employees?
Are employers allowed to require job applicants to disclose their salary history?
Are employers allowed to set different standards or expectations for employees based on their marital status?
Are employers allowed to ask job applicants questions about their sexual orientation?
Are there specific laws prohibiting discrimination against pregnant women?
Are employers allowed to discriminate against job applicants who have disabilities?
What are the differences between discrimination in hiring and discrimination in the workplace?
Are employers allowed to view an employee’s social media accounts?
Related Blog Posts
Top 5 Reasons to Speak to an Employment Discrimination Lawyer - July 31, 2023The Risks of Not Seeking Legal Advice Regarding Employment Discrimination Law - August 7, 2023
How to Prepare for an Employment Discrimination Lawsuit - August 14, 2023
Understanding the Benefits of Fighting Employment Discrimination in the Workplace - August 21, 2023
Family Medical Leave: When Can It Be Considered Employment Discrimination? - August 28, 2023