Disabled workers must not be discriminated against in the promotions process.
Federal labor law takes a hands-off approach to issues of promotion and advancement in the workplace, allowing employers to establish criteria for awarding or withholding promotions as suited to their business model. With the exceptions of certain protected classes --- established to guarantee that promotion policies must be evenly applied to all workers --- employers who aren't bound by union agreements or other contracts are free to promote workers as needed.
Equal Pay Act of 1963
Employers are prohibited from paying workers less on basis of their sex, and are barred from limiting promotions to a single sex. A woman promoted into a new position must receive the same wage, salary or benefits package as an equally qualified man.
Civil Rights Act of 1964
Employers must hire, promote and provide training to all workers, regardless of their race, color, creed, sex or national origin. This law applies not only to hiring practices and advancement, but also to the awards of pay raises, benefits packages and other compensation. Employers can't discriminate between two equally qualified workers solely on basis of protected classes, and must demonstrate there is no gap in promotion or compensation between protected classes and non-protected classes.
Age Discrimination in Employment Act of 1967
Employers must provide equal promotion and advancement opportunities for workers over the age of 40 than those younger, and promoting a less qualified person over a more qualified one based solely on youth is illegal. The Age Discrimination Act of 1967 only applies when comparing workers over 40 with those younger. Younger workers cannot claim discrimination against older ones, and a 42-year-old worker may be promoted over a lesser qualified 55-year-old worker, because they're both within the protections of the act.
Americans with Disabilities Act of 1990
Employers must not withhold promotions to qualified workers simply because of a disability. Although workers must be able to perform their job duties in the new position, a disabled person must be considered for the position. Promotions cannot be withheld because of the accessibility modifications needed to adapt a new work environment to the worker's disabilities. This act applies to businesses with 15 or more employees, and isn't valid in many small business situations.
Tags: Employers must, protected classes, equally qualified, promotion advancement, qualified workers, This applies, those younger