Self-Reflection Benjamin Cook Wilmington University 15 March 2015

When the United States was first established, the Declaration of Independence (1776) proclaimed that “all Men are created equal...with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.” However, it appears that these founding words have started to become more and more forgotten with the passage of time. We live in a relatively unsafe society where the protection of “life” is not guaranteed considering the current domestic and foreign threats. Although the “liberty” of some citizens has certainly improved, the rights of other subgroups continue to be at risk. Lastly, an equal “pursuit of happiness” is only protected by an equality in the workplace. As long as disparities exist in employment practices, there will always be some who cannot fully pursue this right.

John F. Kennedy and Martin Luther King Jr. were two influential leaders who contributed towards further improvements in employment law. They both had a firm belief that without equality, the core vision of the United States can never be fully realized. The exclusion of one individual (who is physically different) from a group of others, even when that individual is equally or more qualified than the others, is a clear contradiction to this nation's founding principles.

While Kennedy worked out of the Oval Office, King was a powerful advocate who promoted public awareness and action through civil disobedience. They may have come from different backgrounds, as well as acted through different spheres of influence, but they both played significant roles in the formation of the Civil Rights Act of 1964. This defining piece of legislature continued to serve as the basis for other employment laws that were implemented even after their deaths.

The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, or national origin. It is not only illegal for employers to discriminate, but employers are not allowed to create policies that will cause a disparate impact or a disparate treatment. These are any procedures or policies that disproportionately affect members of a protected group (based on race, sex, religion, etc). Disparate treatment is an intentional procedure/policy that clearly singles out a member of a protected class. On the other hand, disparate impact may not be as obvious on the surface. Kennedy and King were both opposed to discrimination, but they also had a profound understanding that any action (whether intentional or not) that creates a negative impact on a protected group should not be tolerated.

As a result of the Civil Rights Act, several other protections have been established and employment law has continued to grow. In 1967, the Age Discrimination in Employment Act was signed into law and prohibits age discrimination in employment for anyone who is at least 40 years of age. The Pregnancy Discrimination Act of 1978 prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

In addition, the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability and under certain circumstances calls for an employer to provide reasonable accommodations to qualified applicants/employees. The Civil Rights Act of 1991 grants employees the right to a trial by jury in discrimination claims and creates a statute that gives juries the possibility of granting emotional distress damages.

More recently, the Lilly Ledbetter Fair Pay Act of 2009 amends the Civil Rights Act of 1964 and asserts that the statute of limitations (180-days) for an equal-pay lawsuit restarts with each new paycheck in which discriminatory pay practices occur. While one of the most visible forms of discrimination during the Kennedy and King era was racial inequalities, both individuals understood the need for equality among every U.S. citizens.

Clearly, the legislature has continued to evolve as new forms of discrimination continue to surface. As long as we continue to treat one another as inherently different, this nation will remain divided. This is not to say that everyone must hold the exact same beliefs. However, the founding fathers did envision that we would live in a nation where everyone has an equal opportunity to pursue their own happiness.

References
U.S. Declaration of Independence, paragraph 2 (1776).