Laws on student employment rights

Right to protection from sex discrimination in the workplace Students are protected from discrimination based on sex in any program or activity receiving federal funding except military, fraternity, sorority organizations. There are protections for both public and private employment.[174][47][36][175][98] All employment opportunities must be merit based.[97][215] Right to equal pay for sexes in the workplace All sexes have the right to equal pay for equal work performed.[97][215] Right to protection from forced pregnancy leave Women do not have to go on mandatory pregnancy leave before birth, and the right to doctor prescribed leave during pregnancy.[216] Right to the protection from sexual harassment in the workplace Sexual harassment is prohibited in both educational and workplace settings[36][179][180] and applies also to both opposite and same sex harassment by employees.[217][180][182] Right to active protection from sexual harassment in the workplace The 1997 Department of Education and Office of Civil Rights Sexual Harassment Guidelines find also that institutions are liable for incidences wherein the institution was aware or “should have been aware” of sexual harassment and took no immediate action.[218][219] The majority of federal court cases involving educational institutions prohibit the maintenance of conditions which allow harassment by other students to continue.[176][220][47][221] Right to protection from ability discrimination in the workplace Ability discrimination in federally funded and private programs and activities is prohibited under the 1990 Americans With Disabilities Act (ADA) and Section 504 of the 1973 Rehabilitation Act.[107][43][47][129][51] Individuals designated with a disability by a medical professional, legally recognized with a disability[47][26][39] and deemed otherwise qualified are entitled to equal treatment and reasonable accommodations.[40][41] The Supreme Court defined Otherwise qualified as an individual who can perform the required tasks in spite of rather than except for their disability.[42][43] Right to protection from ability discrimination in employment recruitment The 1990 Americans With Disabilities Act[45] and Section 504 of the 1973 Rehabilitation Act.[46] This includes ability discrimination in recruitment. Individuals designated with a disability by a medical professional, legally recognized with a disability.[36][26][39] Right to protection from ability discrimination in workplace discipline and dismissal The 1990 Americans With Disabilities Act[45] and Section 504 of the 1973 Rehabilitation Act[46] in discipine and dismissal.[107][43][47][129][51] Right to protection from age discrimination Age discrimination in federally funded programs is prohibited by the 1975 Age Discrimination Act.[193] This act builds on the 1967 Age Discrimination in Employment Act.[194][222] It provides protection from unequal treatment between people of different ages from any explicit or implied distinctions which effect the benefits of participation. Right to protection from race discrimination in employment Executive Order 11246[189] expanded upon the 1953 Dwight D. Eisenhower Executive Order 10479,[223] which established an anti-discrimination committee to oversee governmental contracting. The 1967 Lyndon B. Johnson Executive Order 11375[224] also requires all facets of federal employment or federally contracted employment be regulated based on merit – this includes institutions of higher education. Right to protection from discrimination based on national origin in employment Individuals have the right to equal treatment regardless of national origin in employment settings[188][225] so long as they are citizens or resident aliens of the United States.[36][191] The 1986 Immigration and Reform Control Act also prohibits discrimination based on citizenship.

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