ADA ISN`T THE ONLY AREA OF DISCRIMINATION
BY THOMAS D. SCHNEID
In the past year, the topic of many of these columns has been the Americans with Disabilities Act (ADA). Although fire departments have focused on the ADA, several other federal and some state laws have emerged as areas of difficulty as well. Prudent fire departments should be aware of all the applicable federal and state laws regarding discrimination, know the requirements of each, and ensure the department is in compliance. Below are several of the major federal provisions of which the fire service should be aware.
Rehabilitation Act of 1973.1 This Act, predecessor of the Americans with Disabilities Act of 1990, prohibits discrimination on the basis of disability by programs receiving federal funds or federal agencies. The primary focus of this legislation is to help disabled individuals obtain rehabilitation, gain access to employment and facilities, and enjoy equal employment opportunities.
The Family and Medical Leave Act of 1993.2 This is one of the newest laws to affect the fire service. The Family and Medical Leave Act requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for family and medical reasons, including the birth of a child; the adoption of a child; care of a spouse; and care of a child or parent with a serious health problem. Although this Act has received much publicity, the 50-or-more-employee requirement normally limits the accessibility in smaller fire departments.
Civil Rights Act of 1964.3 The Civil Rights Act of 1964 was the original civil rights legislation enacted during the Lyndon Johnson administration. This law prohibits discrimination on the basis of race, color, religion, sex, age, or national origin by employers with 15 or more employees and that are engaged in interstate commerce activities. Although the Civil Rights Act of 1964 is extremely broad, Title VII within this law specifically addresses the area of employment discrimination.
Civil Rights Act of 1991.4 As a result of decisions by the U.S. Supreme Court in the late 1980s reversing longstanding determinations and interpretations of the Civil Rights Act of 1964, Congress amended this law in essence to reinstate the earlier interpretations of the 1964 Act. In general, the 1991 Act changes the Supreme Court decisions affecting employment discrimination litigation and provides other benefits (including full jury trials) and, in certain circumstances, allows for the recovery of emotional suffering and punitive damages not permitted under the Civil Rights Act of 1964.
Age Discrimination in Employment Act of 1967.5 This Act provides protection against employment discrimination to individuals over the age of 40.
Pregnancy Discrimination Act.6 This Act amended the Civil Rights Act of 1964 and protects employees against discrimination for pregnancy, childbirth, and pregnancy-related medical conditions.
Vietnam Era Veterans Readjustment Assistance Act.7 This Act requires federal contractors with contracts of more than $10,000 to actively promote the hiring of qualified veterans of any war who possess disabilities and specifically to promote the hiring of qualified Vietnam War veterans who may or may not have disabilities.
As can be seen, there are numerous other protections against discrimination in the workplace over and above the ADA on a federal level. Additionally, most states have specific laws that parallel the federal laws or provide additional protection for individuals in an employment setting. For example, in Kentucky, Section 344.040 of the Kentucky Revised Statutes parallels Title VII of the 1964 Civil Rights Act in forbidding discrimination in employment on the basis of race, color, religion, national origin, sex, or age.
Additionally, Kentucky has a statute prohibiting discrimination in employment based on handicap,8 paralleling the ADA, and a statute forbidding discrimination in employment on the basis of pregnancy.9 Kentucky went even further in providing protection against discrimination for individuals who serve as jurors and the courts10 and provides protection against employers` interference with the voting rights of employees.11 Kentucky also provides protection against employment discrimination for individuals who serve in the National Guard12 and for individuals who have been convicted of a crime.13 These are but a few examples of the antidiscrimination laws that may be applicable at the state level. Prudent fire departments should become acquainted and ensure compliance with their particular state`s antidiscrimination laws.
Given the changing makeup of the fire service, it is especially important that fire departments become cognizant of the various requirements under federal and state laws regarding discrimination in the workplace so that they may work to eliminate potential problems in these areas. The first step is to familiarize yourself with the various federal and state requirements applicable to your department and to evaluate all phases of the operation to ensure discrimination in any form has been vanquished.
While the ADA is definitely a very important law, other areas and laws must be addressed to identify any existing situations involving discrimination and avoid potential discrimination liabilities that may exist in the future. Do not focus so narrowly on the ADA that you disregard these other discrimination areas. Discrimination in the workplace is one fire you want to extinguish immediately and ensure that it doesn`t reignite any time in the future in your organization. n
Endnotes
1. Section 501, 503, and 504, 29 U.S. Code Annotated Sections 791, 793, and 794.
2. 29 U.S.C. Section 2601 et seq.
3. 42 U.S.C. Section 2000(e) et seq. (Title VII).
4. 42 U.S.C. Section 1981 et seq.
5. 29 U.S.C. Sections 621-634.
6. 42 U.S.C. Section 2000(c)(k).
7. 38 U.S.C. Section 2012.
8. Kentucky Revised Statutes 207.130.
9. K.R.S. Section 344.030.
10. Kentucky Public Acts, House Bill 23-XL, 1976.
11. K.R.S. Section 121.310.
12. K.R.S. Section 38.460.
13. Kentucky Public Acts, House Bill 100 (1978); K.R.S. Section 335B.2(1). It should be noted that this law provides that no person shall be disqualified from public employment or from pursuing, practicing, or engaging in any occupation solely because of a prior conviction of a crime unless the crime is one limited to convictions for felonies, high misdemeanors, or crimes involving moral turpitude.
THOMAS D. SCHNEID is an associate professor and lawyer with the Department of Loss Prevention of Eastern Kentucky University`s Fire and Safety Engineering Technology Program. He has a bachelor`s degree in education, a master`s degree and a cerificate of advanced study in safety, a law degree, an LLM (master of laws) degree in labor and employment law, and a Ph.D in environmental engineering. He has 14 years of experience as a consultant for general industry.
