Laws Prohibiting Discrimination
Table of Contents
Title VII of the Civil Rights Act of 1964
Pregnancy Discrimination Act of 1978
Sexual Harassment - Section 703 (Title VII as amended in 1980)
Civil Rights Act of 1991
Executive Order 11246
Rehab Act of 1973
Vietnam Era Veterans Readjustment Act
Executive Order 11141
Age Discrimination in Employment Act of 1967
Title IX of the Education Amendments of 1972
Americans with Disabilities Act (1990)
Equal Pay Act of 1963
Family and Medical Leave Act (1993)
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
Makes it an unlawful employment practice for an employer:
- to fail or refuse to hire or to discharge any individual, or otherwise
to discriminate against any individual with respect to compensation,
term, conditions, or privileges of employment, because of such individual's
race, color, religion, sex, or national origin; or
- to limit, segregate, or classify employees or applicants for employment
in any way which would deprive any individual of employment opportunities
or otherwise adversely affect status as an employee, because of such
individual's race, color, religion, sex, or national origin.
Amended by Pregnancy Discrimination Act of 1978,
amended by Section 703 to include sexual harassment
in 1980 and amended to allow jury trials by the Civil Rights
Act of 1991.
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EXECUTIVE ORDER 11246 (1965)
Requires that organizations with 50 or more employees and aggregate
contracts of $50,000 or more with the federal government take affirmative
action to hire and retain minorities and females in proportion to the
percentage of minorities and females in the area in which the organization
is located and from which it draws its employees. Requires submission
of an annual Affirmative Action plan outlining goals and timetables for
achieving proportionate utilization of minorities and females. Extended
to disabilities by the Rehabilitation Act of 1973, to
veteran's status by the Vietnam Era Veterans Readjustment Act,
to age by Executive Order 11141.
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AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967
Prohibits discrimination against applicants and employees 40
years of age and older. Prohibits an employer from: (1) failing or refusing
to hire or discharge any individual with respect to compensation, terms,
conditions, or privileges of employment because of such individual's
age; (2) limiting, segregating, or classifying employees in any way
which would deprive or tend to deprive any individual of employment opportunities
or otherwise adversely affect status as an employee, because of such
individual's age; or (3) reducing the wage rate of any employee in order
to comply with the Act.
Extended specifically to employment benefits by the Older
Workers Benefit Protection Act (1990).
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TITLE IX OF THE EDUCATION AMENDMENTS OF
1972
(Amending the Higher Education Act of 1965)
Prohibits discrimination on the basis of sex by any educational
program or activity receiving federal financial assistance.
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AMERICANS WITH DISABILITIES ACT (1990)
Prohibits discrimination against and requires reasonable accommodation
of applicants and employees with physical or mental impairments (or a
record or perception of such) which substantially limit one or more major
life activities and who, with or without reasonable accommodation, can
perform the essential functions of the job.
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EQUAL PAY ACT OF 1963
Requires that male and female employees be paid the same for
equal work on jobs requiring equal skill, effort and responsibility performed
under similar working conditions.
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FAMILY AND MEDICAL LEAVE ACT (FMLA) (1993)
Requires provision of up to a total of 12 weeks per year of
job protected leave to eligible employees to care for the employee's
child after birth, adoption or foster care; to care for employee's
spouse, child or parent with a serious health condition; or for the
employee's serious health condition which prevents employee from performing
his or her job. To be eligible, employee must have been employed for
at least one year, must have worked 1250 hours in the previous 12 months
and must provide 30 days notice under most conditions.
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