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An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
Equal Employment Opportunity Commission v. United Health Programs of America is a case in the United States District Court for the Eastern District of New York.The court ruled that an employer's imposition of an "Onionhead" or "Harnessing Happiness" system of beliefs on employees constituted a religions imposition in violation of Title VII of the Civil Rights Act of 1964.
[3] [4] If an employer met its burden by showing that its practice was job-related, the plaintiff was required to show a legitimate alternative that would have resulted in less discrimination. [5] Twenty years after Griggs, the Civil Rights Act of 1991 was enacted. The Act included a provision codifying the prohibition on disparate-impact ...
"When an aggrieved person is employed by an agency that is subject to 5 U.S.C. 7121(d), and is covered by a collective bargaining agreement that permits claims of discrimination to be raised in a negotiated grievance procedure, that employee must elect to proceed either through the EEO process or the negotiated grievance procedure, but not both."
[3]: 12, 21 The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex (including sexual orientation, pregnancy, and gender identity), age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.
However, appeals involving claims of discrimination are heard in federal district court. [6] The Board carries out its statutory mission by: Adjudicating employee appeals of personnel actions over which the Board has jurisdiction, such as removals, suspensions, furloughs, and demotions
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