Federal Laws
Title VII of the Civil Rights Act of 1964 | Civil Rights Restoration Act (1988) | Title VII Civil Rights Act of 1991 | The Pregnancy Discrimination Act | The Age Discrimination in Employment Act of 1967 (ADEA) | Americans with Disabilities Act of 1990 (ADA) | Rehabilitation Act of 1973 | Americans with Disabilities Act Amendments Act of 2008 (ADAAA) | Genetic Information Nondiscrimination Act of 2008 (GINA) | Equal Pay Act of 1963 (EPA) | Lilly Ledbetter Fair Pay Act | Uniformed Services Employment and Reenployment Rights Act of 1994 (USERRA) | Vietnam Era Veteran's Readjustment Assistance Act (VEVRAA) | Executive Order 1246 as Amended by Executive Order 11375 | Immigration Reform and Control Act of 1986, Sect. 102 Unfair Immigration-Related Employment Practices (Title II, Chap. 8, Sect 274-B)
Title VII of the Civil Rights Act of 1964
Antidiscrimination Laws and EEO
This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably acommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.
- Race/Color Discrimination: Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.
- Religion: Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
- National Origin: National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group. Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.
- Sex Discrimination: Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.
Employers Covered
Requirements
Enforcement Agencies
Equal Employment Opportunity Commission (EEOC) for private sector and federal employees, Justice Department for state and local government employees after EEOC investigation.
Method of Filing Complaints
On sworn complaint form available from EEOC. Must file with state or local agency, if any.
Who Can File Complaints
Individuals on their own behalf or organizations on behalf of aggrieved individuals in case of Title VII, EEOC may also file charges.
Investigations Complaint
A complaint must be filed before an investigation may be instituted.
Records
Employer is required to keep and preserve all records after a charge is filed. Otherwise, length of record retention varies according to regulations.
Intimidation
Employers or their representatives may not intimidate, discipline, discharge, or otherwise harass a person because he/she has filed a complaint, instituted proceedings, assisted in an investigation, or formally or informally objected to discriminatory practices, regardless of whether the charges or objections are valid or invalid.
Civil Rights Restoration Act (1988)
Restores the originally intended scope of the four statutes already in place to protect minorities, women, the elderly, and the handicapped from federally subsidized discrimination. The act is in response to a 1984 Supreme Court decision, Grove City vs. Bell, in which the high court ruled that nondiscrimination laws applied only to specific programs or activities receiving federal financial assistance, not to an entire institution.
Employers Covered
Requirements
Discrimination on the basis of race, sex, age or persons with disabilities is unlawful for all entities (or portions of that entity) that receive federal funds.
Enforcement Agencies
Federal agencies distributing federal funds
Enforcement Powers
Court injunctions, federal grant termination
Method of Filing Complaints
Letter, telephone call, sworn complaint
Who Can File Complaints
Individuals on their own behalf or organizations on the behalf of aggrieved individuals.
Title VII Civil Rights Act of 1991
Amended the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.
Employers Covered
Requirements
Employers shall not adjust the test scores, use different cutoff scores, or otherwise alter the results of employment related tests on the basis of race, color, religion, sex, or national origin. Employers defending a Title VII disparate impact challenge to an employment practice, including employment tests, however, must show that practice is job-related for the particular position in question and consistent with business necessity. Lawful affirmative action measures are not subject to challenge alleging discrimination against classes other than those the measures are designed to benefit.
Enforcement Agencies
Equal Employment Opportunity Commission (EEOC) for private sector and federal employees, Department of Justice for state and local government employees after EEOC investigation.
Method of Filing Complaints
On sworn complaint form available from EEOC (Form 5). Must file with state 706 agency.
Who Can File Complaints
Individuals on their own behalf or organizations on behalf of aggrieved individuals in case of Title VII. EEOC may also file charges.
Investigations
No investigations of alleged violations will occur unless a charge is filed.
Records
Employers are required to keep and preserve all records after a charge is filed. Otherwise, length of record retention varies accordingly to regulations.
Intimidation
Employers or their representatives may not intimidate, discipline, discharge or otherwise harass a person because that person has filed a complaint, instituted proceedings, assisted in an investigation, or formally or informally objected to discriminatory practices, regardless of whether the charges or objections are valid or invalid.
The Pregnancy Discrimination Act
This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Employers Covered
Requirements
Discrimination on the basis of race, sex, age or persons with disabilities is unlawful for all entities (or portions of that entity) that receive federal funds.
Enforcement Agencies
Federal agencies distributing federal funds
Enforcement Powers
Court injunctions, federal grant termination
Method of Filing Complaints
Letter, telephone call, sworn complaint
Who Can File Complaints
Individuals on their own behalf or organizations on the behalf of aggrieved individuals
The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Employers Covered
Requirements
Neither employer nor employer's representatives may "fail, refuse to hire or to discharge any individual or otherwise discriminate with respect to his compensation, terms, conditions, or privileges of employment because of such individual's age." (Covers those 40 years old and over).
Enforcement Agencies
Equal Employment Opportunity Commission (EEOC)
Enforcement Powers
EEOC or complainant can sue on complainant's behalf. Court can issue injunction, order reinstatement with back pay, raises, double damages, etc.
Method of Filing Complaints
In person, by letter or phone to EEOC
Who Can File Complaints
Individual, or representatives and organizations on behalf of individual. But investigators always talk to individual first
Investigations Without Complaint
Possible. Random investigations can be made.
Records
Employer is required to keep and preserve all relevant records after a charge is filed. Otherwise, length of retention varies according to type of record and regulations.
Intimidation or Retaliation
Employers or their representative may not intimidate discipline, discharge, or otherwise harass a person because of a filed complaint instituted proceedings, or assistance in any investigation, or formal objections to discriminatory practices, regardless of whether the charges or objections are valid or invalid.
Americans with Disabilities Act of 1990 (ADA)
This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
Employers Covered
Requirements
Equal employment opportunity must be provided to qualified individuals with disabilities in all employment related activities. Employers are required to provide reasonable accommodations for a disability when needed in order for a qualified employee to perform the essential functions of the job in question or to participate in any other employment related activity. Employers must also provide a reasonable accommodation for an applicant when the accommodation is needed in order for the applicant to have equal opportunity in the application process. Discrimination on the basis of a disability against any qualified individual in any employment related activity is prohibited.
Enforcement Agencies
Equal Employment Opportunity Commission (EEOC).
Enforcement Powers
EEOC will attempt to resolve an issue through conciliation. If conciliation fails, EEOC can file a lawsuit in federal district court.
Method of Filing Complaints
An applicant or employee who feels that he/she has been discriminated against in employment on the basis of a disability can file a charge with EEOC by contacting the nearest EEOC office in person, by telephone, or by mail within 180 days of the alleged discriminatory act.
Who Can File Complaints
Complaints may be filed by the person who experienced the alleged discrimination or by a group or organization on behalf of that person.
Investigations
No investigations of alleged violations of ADA will occur unless a charge is filed.
Records
TITLE 1 of ADA adopts the reporting requirements of Title VII of the Civil Rights Act of 1964 as amended. It also increases the required records retention period from 6 months to one year.
Intimidation or Retaliation
It is unlawful to intimidate, coerce, threaten, harass, interfere with, or otherwise retaliate against an individual who has opposed an unlawful act or practice, filed a charge, testified, or otherwise assisted with or participated in a hearing or proceeding, or assisted another individual in the exercise of any right granted under Title I of ADA.
Rehabilitation Act of 1973
This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
Employers Covered
Requirements
Government contractors and subcontractors must take affirmative action to employ and advance in employment qualified persons with disabilities. Neither government contractors, subcontractors, nor their representatives may discriminate against such persons because of their physical or mental disability in any employment practice (hiring, training, compensation, upgrading, etc).
Enforcement Agencies
Office of Federal Contract Compliance Programs (OFCCP) Department of Labor
Enforcement Powers
Debarment from right to bid on contracts. Withholding of progress payments. Termination or suspension of existing contracts. Filing suit in court to compel compliance under contract to rehire, promote, etc. Court split on existence of private right to sue. Negotiates for back pay and attorney's fees.
Method of Filing Complaints
Letter or form obtained from OFCCP
Who Can File Complaints
Individual or representative; e.g., labor unions, friend or relative, various organizations representing persons with disabilities, etc.
Investigations without Complaint
Yes, through routine compliance reviews.
Records
Government primarily interested in records of actions taken in hiring and promotion of known handicapped individuals if passed over, why? Where recruited? etc. Written affirmative action plan required. Records of contracts with state employment service must be maintained.
Intimidation or Retaliation
Employers or their representatives may not intimidate, discipline, discharge or otherwise harass a person because he/she has filed a complaint, instituted proceedings, assisted in any investigation, or formally or informally objective to discriminatory practices, regardless of the validity of the objections or charges.
* Section 504 of the Rehabilitation Act prohibits discrimination against persons with disabilities by recipients of federal funds.
The Americans with Disabilities Act Amendments Act of 2008
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
Employers Covered
Requirements
The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis. The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
Enforcement Powers
EEOC will attempt to resolve an issue through conciliation. If conciliation fails, EEOC can file a lawsuit in federal district court.
Method of Filing Complaints
An applicant or employee who feels that he/she has been discriminated against in employment on the basis of a disability can file a charge with EEOC by contacting the nearest EEOC office in person, by telephone, or by mail within 180 days of the alleged discriminatory act.
Who can File Complaints
Complaints may be filed by the person who experienced the alleged discrimination or by a group or organization on behalf of that person
Investigations
No investigations of alleged violations of ADAAA will occur unless a charge is filed.
Intimidation or Retaliation
It is unlawful to intimidate, coerce, threaten, harass, interfere with, or otherwise retaliate against an individual who has opposed an unlawful act or practice, filed a charge, testified, or otherwise assisted with or participated in a hearing or proceeding, or assisted another individual in the exercise of any right granted under Title I of ADAAA.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Enforcement Agencies
Enforcement Powers
EEOC will attempt to resolve an issue through conciliation. If conciliation fails, EEOC can file a lawsuit in federal district court.
Method of Filing Complaints
An applicant or employee who feels that he/she has been discriminated against in employment on the basis of genetic information can file a charge with EEOC by contacting the nearest EEOC office in person, by telephone, or by mail within 180 days of the alleged discriminatory act.
Who Can File Complaints
Complaints may be filed by the person who experienced the alleged discrimination or by a group or organization on behalf of that person.
Investigations
No investigations of alleged violations of GINA will occur unless a charge is filed.
Records
TITLE II of the GINA protects applicants and employees from discrimination based on genetic information. GINA restricts employer’s acquisition of genetic information and strictly limits disclosure of genetic information.
Intimidation or Retaliation
It is unlawful to intimidate, coerce, threaten, harass, interfere with, or otherwise retaliate against an individual who has opposed an unlawful act or practice, filed a charge, testified, or otherwise assisted with or participated in a hearing or proceeding, or assisted another individual in the exercise of any right granted under Title II of GINA.
The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Employers Covered
Requirements
Discrimination on the basis of sex in the provision of salary or fringe benefits is illegal where work is equal or in work that requires equal skill, effort and responsibility and is performed under the same working conditions.
Enforcement Agencies
Equal Employment Opportunity Commission (EEOC). ENFORCEMENT EEOC or complainant can sue on complainant's behalf. Court POWERS can issue injunction, order reinstatement with back pay, raises, double damages, etc.
Method of Filing Complaints
In person, by letter or phone to EEOC.
Who Can File Complaints
Individuals on their own behalf or organizations on behalf of aggrieved individuals.
Investigations without Complaint
Equal pay audits are very possible.
Records
Employer is required to keep and preserve all relevant records after a charge is filed. Otherwise, length of retention varies according to regulations.
Intimidation or Retaliation
Employers or their representatives may not intimidate, discipline, discharge, or otherwise harass a person because of a filed complaint, instituted proceedings, or assistance in an investigation, or formal or informal objections to discriminatory practices, regardless of the validity of the objections or charges.
Lilly Ledbetter Fair Pay Act
On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 ("Act"), which supersedes the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007). Ledbetter had required a compensation discrimination charge to be filed within 180 days of a discriminatory pay-setting decision (or 300 days in jurisdictions that have a local or state law prohibiting the same form of compensation discrimination).
The Act restores the pre-Ledbetter position of the EEOC that each paycheck that delivers discriminatory compensation is a wrong actionable under the federal EEO statutes, regardless of when the discrimination began. As noted in the Act, it recognizes the "reality of wage discrimination" and restores "bedrock principles of American law."
Under the Act, an individual subjected to compensation discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or the Americans with Disabilities Act of 1990 may file a charge within 180 (or 300) days of any of the following:
- when a discriminatory compensation decision or other discriminatory practice affecting compensation is adopted;
- when the individual becomes subject to a discriminatory compensation decision or other discriminatory practice affecting compensation; or
- when the individual's compensation is affected by the application of a discriminatory compensation decision or other discriminatory practice, including each time the individual receives compensation that is based in whole or part on such compensation decision or other practice.
The Act has a retroactive effective date of May 28, 2007, and applies to all claims of discriminatory compensation pending on or after that date.
Employers Covered
Requirements
Discrimination on the basis of sex in the provision of salary or fringe benefits is illegal where work is equal or in work that requires equal skill, effort and responsibility and is performed under the same working conditions.
Enforcement Agencies
Equal Employment Opportunity Commission (EEOC).
Enforcement Powers
EEOC or complainant can sue on complainant's behalf. Court can issue injunction, order reinstatement with back pay, raises, double damages, etc
Method of Filing Complaints
In person, by letter or phone to EEOC.
Who Can File Complaints
Individuals on their own behalf or organizations on behalf of aggrieved individuals.
Investigations without Complaint
Equal pay audits are very possible.
Records
Employer is required to keep and preserve all relevant records after a charge is filed. Otherwise, length of retention varies according to regulations.
Intimidation or Retaliation
Employers or their representatives may not intimidate, discipline, discharge, or otherwise harass a person because of a filed complaint, instituted proceedings, or assistance in an investigation, or formal or informal objections to discriminatory practices, regardless of the validity of the objections or charges.
Uniformed Services Employment & Reemployment Rights Act of 1994 USERRA
The USERRA prohibits employment discrimination because of an employee’s or applicant’s past, current, or future military obligations. The law seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their service.
The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires covered federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system, and that covered veterans receive priority in referral to such openings.
Employers Covered
Requirements
Government contractors and subcontractors must take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam Era (the latter are eligible through 1991.
Enforcement Agencies
Office of Federal Contract Compliance Programs (OFCCP) Department of Labor.
Enforcement Powers
Debarment from right to bid on contracts. Withholding of progress payments. Termination or suspension of existing contracts. Filing suit in court to compel compliance under contract to rehire, promote, etc. Court split on existence or private right to sue. Negotiates for back pay and attorney’s fees.
Method of Filing Complaints
Letter or form obtained from OFCCP
Who Can File Complaints
Individual or representative--e.g. Labor unions, friend or relative various organizations representing veterans.
Investigations Without Complaint
Yes, through routine compliance reviews.
Records
Government primarily interested in records of actions taken, hiring and promotion of known veterans--why, if passed over. Where recruited? Written Equal Employment Opportunity Plan required. Records of contracts with state employment service must be maintained.
Intimidation or Retaliation
It is unlawful for employers or their representatives (supervisors, managers, etc.) to intimidate, discipline, or otherwise harass an individual because he/she has filed a complaint, instituted proceedings, assisted in any investigation, or formally or informally objected to discriminatory practices, regardless of the validity of the charges or objections.
Executive Order 11246 (as amended)
This law makes it illegal for federal contractors and certain subcontractors to discriminate on the basis of race, color, religion, sex, or national origin. It also requires federal contractors and subcontractors to take steps to ensure equal employment opportunity in the workplace.
Executive Order 11375
Amended Executive Order No. 11246, relating to equal employment opportunity provide that equal employment opportunity programs provided for in Executive Order No. 11246 expressly embrace discrimination on account of sex.
Employers Covered
Requirements
Neither the employer nor its representatives; i.e., managers, supervisors, etc; may discriminate in selection, promotion, compensation, fringe benefits, training or other conditions of employment because of race, color, sex (including pregnancy), religion, or national origin. Harassment (sexual, etc.) is a kind of prohibited discrimination. A written affirmative action plan for minorities and women is required of employers with federal contracts of $50,000 or more.
Enforcement Agencies
Office of Federal Contract Compliance Programs (OFCCP), Department of Labor.
Enforcement
Government can cancel contracts, delay awarding of contracts, disqualify employer from future contracts. OFCCP also has authority to award back pay and other Title VII remedies to victims of discrimination.
Method of Filing Compliants
By letter or form obtained from OFCCP.
Who Can File Complaints
Individuals on their own behalf or organizations on behalf of aggrieved individuals.
Investigations Without Compliants
Yes, through routine compliance reviews.
Records
Employer is required to keep and preserve all relevant records after a charge is filed. Otherwise, length of time for record storage varies according to the situation.
Intimidation or Retaliation
Employers or their representatives; i.e., supervisors, managers, etc. must not intimidate, discipline, discharge or otherwise harass any individual individual because he/she has filed a complaint, instituted proceedings, assisted in an investigation, or formally or informally objected to discriminatory practices, regardless of whether the charges or objections are valid or invalid.
Immigration Reform and Control Act of 1986, Sect. 102 Unfair Immigration-Related Employment Practices (Title II, Chap. 8, Sect 274-B)
Congress passes the Immigration Reform and Control Act of 1986 (IRCA) which amends the Immigration and Nationality Act. IRCA states that employers can be sanctioned and fined for hiring illegal aliens. One section of IRCA complements Title VII by prohibiting employers with four to 14 employees from discriminating on the basis of national origin and also prohibits citizenship discrimination.
Employers Covered
Requirements
Discrimination in employment (hiring, recruitment, referral for a fee, or discharging) on the basis of a person's national origin or citizenship status is unlawful against any person (other than illegal aliens).
Enforcement Agencies
Department of Justice's Special Counsel for Immigration
Enforcement Powers
Injunctions, job placement with/without back pay fines/attorney fees
Method of Filing Complaints
Sworn complaint within 180 days of alleged violative act
Who Can File Complaints
Aggrieved individuals or their representative behalf or the Special Counsel
Investigations Without Complaint
Possible. Random investigations by Special Counsel.