DISCRIMINATION AT WORK - LEGISLATION AND EXPERIENCES IN THE USA

Abstract

Faced with various forms of discrimination of some vulnerable groups in the sfere of employment, working relations and working condition, USA started in 1960’s to shape up antidiscrimination system in employment practices. During last four decades, the system grew and evolved, with continous adoptions of new pieces of legislation. Central organ in proceedings for elimination and punishing of discrimination practices is independent body elected by the President of the USA and Senat, Equal Employment Opprotunity Commission (EEOC). EEOC practice, as well as the judiciary practice of competent district courts, led to broad interpretation of the regulation and evolution of the perception of the discrimination phenomenon, as well as to highly rigorous system for punishing employers whom discriminated their employees. However, this system present some obvious shortcomings, since the discrimination rate over last two decades stays equally high, while employment discrimination hasn’t been eradicated even in the fields of sex, racial and ethnic discrimination, which were the first vulnerable groups to be protected by the antidiscrimination laws. Also, in recent years significant attention is dedicated to education of both employers and employees, as the most efficient way to prevent employment discrimination practice of developing at the first place. This paper tries to make an overview of all these different aspects of employment discrimination and various ways of its prevention and suppression, but also to make some valuable lessons for the future serbian legislation in this area.