Article - Federal Laws Prohibiting Job Discrimination in the U.S.

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Federal Laws Prohibiting Job Discrimination

Questions And Answers

Federal Equal Employment Opportunity (EEO) Laws

I. What Are the Federal Laws Prohibiting Job Discrimination?

a.. Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits

employment discrimination based on race, color, religion, sex, or national

origin;

b.. the Equal Pay Act of 1963 (EPA), which protects men and women who

perform substantially equal work in the same establishment from sex-based

wage discrimination;

c.. the Age Discrimination in Employment Act of 1967 (ADEA), which

protects individuals who are 40 years of age or older;

d.. Title I and Title V of the Americans with Disabilities Act of 1990

(ADA), which prohibit employment discrimination against qualified

individuals with disabilities in the private sector, and in state and local

governments;

e.. Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit

discrimination against qualified individuals with disabilities who work in

the federal government; and

f.. the Civil Rights Act of 1991, which, among other things, provides

monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of

these laws. EEOC also provides oversight and coordination of all federal

equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and

reprisal against federal employees and applicants. The Civil Service Reform

Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited

personnel practices, which are designed to promote overall fairness in

federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee

who has authority to take certain personnel actions from discriminating for

or against employees or applicants for employment on the bases of race,

color, national origin, religion, sex, age or disability. It also provides

that certain personnel actions can not be based on attributes or conduct

that do not adversely affect employee performance, such as marital status

and political affiliation. The Office of Personnel Management (OPM) has

interpreted the prohibition of discrimination based on conduct to include

discrimination based on sexual orientation. The CSRA also prohibits reprisal

against federal employees or applicants for whistle-blowing, or for

exercising an appeal, complaint, or grievance right. The CSRA is enforced by

both the Office of Special Counsel (OSC) and the Merit Systems Protection

Board (MSPB).

Additional information about the enforcement of the CSRA may be obtained

from OPM at or at http://www.opm.gov/er/address2/guide01.htm;

OSC at or at http://www.osc.gov; and MSPB at

or at http://www.mspb.gov .

Discriminatory Practices

II. What Discriminatory Practices Are Prohibited by These Laws?

Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any

aspect of employment, including:

a.. hiring and firing;

b.. compensation, assignment, or classification of employees;

c.. transfer, promotion, layoff, or recall;

d.. job advertisements;

e.. recruitment;

f.. testing;

g.. use of company facilities;

h.. training and apprenticeship programs;

i.. fringe benefits;

j.. pay, retirement plans, and disability leave; or

k.. other terms and conditions of employment.

Discriminatory practices under these laws also include:

a.. harassment on the basis of race, color, religion, sex, national

origin, disability, or age;

b.. retaliation against an individual for filing a charge of

discrimination, participating in an investigation, or opposing

discriminatory practices;

c.. employment decisions based on stereotypes or assumptions about the

abilities, traits, or performance of individuals of a certain sex, race,

age, religion, or ethnic group, or individuals with disabilities; and

d.. denying employment opportunities to a person because of marriage to,

or association with, an individual of a particular race, religion, national

origin, or an individual with a disability. Title VII also prohibits

discrimination because of participation in schools or places of worship

associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of

their rights under the laws EEOC enforces and their right to be free from

retaliation. Such notices must be accessible, as needed, to persons with

visual or other disabilities that affect reading.

Note: Many states and municipalities also have enacted protections against

discrimination and harassment based on sexual orientation, status as a

parent, marital status and political affiliation. For information, please

contact the EEOC District Office nearest you.

III. What Other Practices Are Discriminatory Under These Laws?

Title VII

Title VII prohibits not only intentional discrimination, but also practices

that have the effect of discriminating against individuals because of their

race, color, national origin, religion, or sex.

National Origin Discrimination

a.. It is illegal to discriminate against an individual because of

birthplace, ancestry, culture, or linguistic characteristics common to a

specific ethnic group.

b.. A rule requiring that employees speak only English on the job may

violate Title VII unless an employer shows that the requirement is necessary

for conducting business. If the employer believes such a rule is necessary,

employees must be informed when English is required and the consequences for

violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to

assure that employees hired are legally authorized to work in the U.S.

However, an employer who requests employment verification only for

individuals of a particular national origin, or individuals who appear to be

or sound foreign, may violate both Title VII and IRCA; verification must be

obtained from all applicants and employees. Employers who impose citizenship

requirements or give preferences to U.S. citizens in hiring or employment

opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the Office of Special

Counsel for Immigration-Related Unfair Employment Practices at

1- (voice), 1- (TTY for employees/applicants) or

1- (TTY for employers) or at http://www.usdoj.gov/crt/osc.

Religious Accommodation

a.. An employer is required to reasonably accommodate the religious belief

of an employee or prospective employee, unless doing so would impose an

undue hardship.

Sex Discrimination

Title VII's broad prohibitions against sex discrimination specifically

cover:

a.. Sexual Harassment - This includes practices ranging from direct

requests for sexual favors to workplace conditions that create a hostile

environment for persons of either gender, including same sex harassment.

(The " hostile environment " standard also applies to harassment on the bases

of race, color, national origin, religion, age, and disability.)

b.. Pregnancy Based Discrimination - Pregnancy, childbirth, and related

medical conditions must be treated in the same way as other temporary

illnesses or conditions.

Additional rights are available to parents and others under the Family and

Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor.

For information on the FMLA, or to file an FMLA complaint, individuals

should contact the nearest office of the Wage and Hour Division, Employment

Standards Administration, U.S. Department of Labor. The Wage and Hour

Division is listed in most telephone directories under U.S. Government,

Department of Labor or at http://www.dol.gov/esa/public/whd_org.htm.

Age Discrimination in Employment Act

The ADEA's broad ban against age discrimination also specifically prohibits:

a.. statements or specifications in job notices or advertisements of age

preference and limitations. An age limit may only be specified in the rare

circumstance where age has been proven to be a bona fide occupational

qualification (BFOQ);

b.. discrimination on the basis of age by apprenticeship programs,

including joint labor-management apprenticeship programs; and

c.. denial of benefits to older employees. An employer may reduce benefits

based on age only if the cost of providing the reduced benefits to older

workers is the same as the cost of providing benefits to younger workers.

Equal Pay Act

The EPA prohibits discrimination on the basis of sex in the payment of wages

or benefits, where men and women perform work of similar skill, effort, and

responsibility for the same employer under similar working conditions.

Note that:

a.. Employers may not reduce wages of either sex to equalize pay between

men and women.

b.. A violation of the EPA may occur where a different wage was/is paid to

a person who worked in the same job before or after an employee of the

opposite sex.

c.. A violation may also occur where a labor union causes the employer to

violate the law.

Titles I and V of the Americans with Disabilities Act

The ADA prohibits discrimination on the basis of disability in all

employment practices. It is necessary to understand several important ADA

definitions to know who is protected by the law and what constitutes illegal

discrimination:

Individual with a Disability

An individual with a disability under the ADA is a person who has a

physical or mental impairment that substantially limits one or more major

life activities, has a record of such an impairment, or is regarded as

having such an impairment. Major life activities are activities that an

average person can perform with little or no difficulty such as walking,

breathing, seeing, hearing, speaking, learning, and working.

Qualified Individual with a Disability

A qualified employee or applicant with a disability is someone who

satisfies skill, experience, education, and other job-related requirements

of the position held or desired, and who, with or without reasonable

accommodation, can perform the essential functions of that position.

Reasonable Accommodation

Reasonable accommodation may include, but is not limited to, making

existing facilities used by employees readily accessible to and usable by

persons with disabilities; job restructuring; modification of work

schedules; providing additional unpaid leave; reassignment to a vacant

position; acquiring or modifying equipment or devices; adjusting or

modifying examinations, training materials, or policies; and providing

qualified readers or interpreters. Reasonable accommodation may be necessary

to apply for a job, to perform job functions, or to enjoy the benefits and

privileges of employment that are enjoyed by people without disabilities. An

employer is not required to lower production standards to make an

accommodation. An employer generally is not obligated to provide personal

use items such as eyeglasses or hearing aids.

Undue Hardship

An employer is required to make a reasonable accommodation to a qualified

individual with a disability unless doing so would impose an undue hardship

on the operation of the employer's business. Undue hardship means an action

that requires significant difficulty or expense when considered in relation

to factors such as a business' size, financial resources, and the nature and

structure of its operation.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job

applicants about the existence, nature, or severity of a disability.

Applicants may be asked about their ability to perform job functions. A job

offer may be conditioned on the results of a medical examination, but only

if the examination is required for all entering employees in the same job

category. Medical examinations of employees must be job-related and

consistent with business necessity.

Drug and Alcohol Use

Employees and applicants currently engaging in the illegal use of drugs

are not protected by the ADA when an employer acts on the basis of such use.

Tests for illegal use of drugs are not considered medical examinations and,

therefore, are not subject to the ADA's restrictions on medical

examinations. Employers may hold individuals who are illegally using drugs

and individuals with alcoholism to the same standards of performance as

other employees.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 made major changes in the federal laws against

employment discrimination enforced by EEOC. Enacted in part to reverse

several Supreme Court decisions that limited the rights of persons protected

by these laws, the Act also provides additional protections. The Act

authorizes compensatory and punitive damages in cases of intentional

discrimination, and provides for obtaining attorneys' fees and the

possibility of jury trials. It also directs the EEOC to expand its technical

assistance and outreach activities.

Employers And Other Entities Covered By EEO Laws

IV. Which Employers and Other Entities Are Covered by These Laws?

Title VII and the ADA cover all private employers, state and local

governments, and education institutions that employ 15 or more individuals.

These laws also cover private and public employment agencies, labor

organizations, and joint labor management committees controlling

apprenticeship and training.

The ADEA covers all private employers with 20 or more employees, state and

local governments (including school districts), employment agencies and

labor organizations.

The EPA covers all employers who are covered by the Federal Wage and Hour

Law (the Fair Labor Standards Act). Virtually all employers are subject to

the provisions of this Act.

Title VII, the ADEA, and the EPA also cover the federal government. In

addition, the federal government is covered by Sections 501 and 505 of the

Rehabilitation Act of 1973, as amended, which incorporate the requirements

of the ADA. However, different procedures are used for processing complaints

of federal discrimination. For more information on how to file a complaint

of federal discrimination, contact the EEO office of the federal agency

where the alleged discrimination occurred.

The CSRA (not enforced by EEOC) covers most federal agency employees except

employees of a government corporation, the Federal Bureau of Investigation,

the Central Intelligence Agency, the Defense Intelligence Agency, the

National Security Agency, and as determined by the President, any executive

agency or unit thereof, the principal function of which is the conduct of

foreign intelligence or counterintelligence activities, or the General

Accounting Office.

The EEOC'S Charge Processing Procedures

Federal employees or applicants for employment should see the fact sheet

about Federal Sector Equal Employment Opportunity Complaint Processing.

V. Who Can File a Charge of Discrimination?

a.. Any individual who believes that his or her employment rights have

been violated may file a charge of discrimination with EEOC.

b.. In addition, an individual, organization, or agency may file a charge

on behalf of another person in order to protect the aggrieved person's

identity.

VI. How Is a Charge of Discrimination Filed?

a.. A charge may be filed by mail or in person at the nearest EEOC office.

Individuals may consult their local telephone directory (U.S. Government

listing) or call 1- (voice) or 1- (TTY) to contact

the nearest EEOC office for more information on specific procedures for

filing a charge.

b.. Individuals who need an accommodation in order to file a charge (e.g.,

sign language interpreter, print materials in an accessible format) should

inform the EEOC field office so appropriate arrangements can be made.

c.. Federal employees or applicants for employment should see the fact

sheet about Federal Sector Equal Employment Opportunity Complaint

Processing.

VII. What Information Must Be Provided to File a Charge?

a.. The complaining party's name, address, and telephone number;

b.. The name, address, and telephone number of the respondent employer,

employment agency, or union that is alleged to have discriminated, and

number of employees (or union members), if known;

c.. A short description of the alleged violation (the event that caused

the complaining party to believe that his or her rights were violated); and

d.. The date(s) of the alleged violation(s).

e.. Federal employees or applicants for employment should see the fact

sheet about Federal Sector Equal Employment Opportunity Complaint

Processing.

VIII. What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge

with EEOC before a private lawsuit may be filed in court. There are strict

time limits within which charges must be filed:

a.. A charge must be filed with EEOC within 180 days from the date of the

alleged violation, in order to protect the charging party's rights.

b.. This 180-day filing deadline is extended to 300 days if the charge

also is covered by a state or local anti-discrimination law. For ADEA

charges, only state laws extend the filing limit to 300 days.

c.. These time limits do not apply to claims under the Equal Pay Act,

because under that Act persons do not have to first file a charge with EEOC

in order to have the right to go to court. However, since many EPA claims

also raise Title VII sex discrimination issues, it may be advisable to file

charges under both laws within the time limits indicated.

d.. To protect legal rights, it is always best to contact EEOC promptly

when discrimination is suspected.

e.. Federal employees or applicants for employment should see the fact

sheet about Federal Sector Equal Employment Opportunity Complaint

Processing.

IX. What Agency Handles a Charge that is also Covered by State or Local Law?

Many states and localities have anti-discrimination laws and agencies

responsible for enforcing those laws. EEOC refers to these agencies as " Fair

Employment Practices Agencies (FEPAs). " Through the use of " work sharing

agreements, " EEOC and the FEPAs avoid duplication of effort while at the

same time ensuring that a charging party's rights are protected under both

federal and state law.

a.. If a charge is filed with a FEPA and is also covered by federal law,

the FEPA " dual files " the charge with EEOC to protect federal rights. The

charge usually will be retained by the FEPA for handling.

b.. If a charge is filed with EEOC and also is covered by state or local

law, EEOC " dual files " the charge with the state or local FEPA, but

ordinarily retains the charge for handling.

X. What Happens after a Charge is Filed with EEOC?

The employer is notified that the charge has been filed. From this point

there are a number of ways a charge may be handled:

a.. A charge may be assigned for priority investigation if the initial

facts appear to support a violation of law. When the evidence is less

strong, the charge may be assigned for follow up investigation to determine

whether it is likely that a violation has occurred.

b.. EEOC can seek to settle a charge at any stage of the investigation if

the charging party and the employer express an interest in doing so. If

settlement efforts are not successful, the investigation continues.

c.. In investigating a charge, EEOC may make written requests for

information, interview people, review documents, and, as needed, visit the

facility where the alleged discrimination occurred. When the investigation

is complete, EEOC will discuss the evidence with the charging party or

employer, as appropriate.

d.. The charge may be selected for EEOC's mediation program if both the

charging party and the employer express an interest in this option.

Mediation is offered as an alternative to a lengthy investigation.

Participation in the mediation program is confidential, voluntary, and

requires consent from both charging party and employer. If mediation is

unsuccessful, the charge is returned for investigation.

e.. A charge may be dismissed at any point if, in the agency's best

judgment, further investigation will not establish a violation of the law. A

charge may be dismissed at the time it is filed, if an initial in-depth

interview does not produce evidence to support the claim. When a charge is

dismissed, a notice is issued in accordance with the law which gives the

charging party 90 days in which to file a lawsuit on his or her own behalf.

f.. Federal employees or applicants for employment should see the fact

sheet about Federal Sector Equal Employment Opportunity Complaint

Processing.

XI. How Does EEOC Resolve Discrimination Charges?

a.. If the evidence obtained in an investigation does not establish that

discrimination occurred, this will be explained to the charging party. A

required notice is then issued, closing the case and giving the charging

party 90 days in which to file a lawsuit on his or her own behalf.

b.. If the evidence establishes that discrimination has occurred, the

employer and the charging party will be informed of this in a letter of

determination that explains the finding. EEOC will then attempt conciliation

with the employer to develop a remedy for the discrimination.

c.. If the case is successfully conciliated, or if a case has earlier been

successfully mediated or settled, neither EEOC nor the charging party may go

to court unless the conciliation, mediation, or settlement agreement is not

honored.

d.. If EEOC is unable to successfully conciliate the case, the agency will

decide whether to bring suit in federal court. If EEOC decides not to sue,

it will issue a notice closing the case and giving the charging party 90

days in which to file a lawsuit on his or her own behalf. In Title VII and

ADA cases against state or local governments, the Department of Justice

takes these actions.

e.. Federal employees or applicants for employment should see the fact

sheet about Federal Sector Equal Employment Opportunity Complaint

Processing.

XII. When Can an Individual File an Employment Discrimination Lawsuit in

Court?

A charging party may file a lawsuit within 90 days after receiving a notice

of a " right to sue " from EEOC, as stated above. Under Title VII and the ADA,

a charging party also can request a notice of " right to sue " from EEOC 180

days after the charge was first filed with the Commission, and may then

bring suit within 90 days after receiving this notice. Under the ADEA, a

suit may be filed at any time 60 days after filing a charge with EEOC, but

not later than 90 days after EEOC gives notice that it has completed action

on the charge.

Under the EPA, a lawsuit must be filed within two years (three years for

willful violations) of the discriminatory act, which in most cases is

payment of a discriminatory lower wage.

Federal employees or applicants for employment should see the fact sheet

about Federal Sector Equal Employment Opportunity Complaint Processing.

XIII. What Remedies Are Available When Discrimination Is Found?

The " relief " or remedies available for employment discrimination, whether

caused by intentional acts or by practices that have a discriminatory

effect, may include:

a.. back pay,

b.. hiring,

c.. promotion,

d.. reinstatement,

e.. front pay,

f.. reasonable accommodation, or

g.. other actions that will make an individual " whole " (in the condition

s/he would have been but for the discrimination).

Remedies also may include payment of:

a.. attorneys' fees,

b.. expert witness fees, and

c.. court costs.

Under most EEOC-enforced laws, compensatory and punitive damages also may be

available where intentional discrimination is found. Damages may be

available to compensate for actual monetary losses, for future monetary

losses, and for mental anguish and inconvenience. Punitive damages also may

be available if an employer acted with malice or reckless indifference.

Punitive damages are not available against the federal, state or local

governments.

In cases concerning reasonable accommodation under the ADA, compensatory or

punitive damages may not be awarded to the charging party if an employer can

demonstrate that " good faith " efforts were made to provide reasonable

accommodation.

An employer may be required to post notices to all employees addressing the

violations of a specific charge and advising them of their rights under the

laws EEOC enforces and their right to be free from retaliation. Such notices

must be accessible, as needed, to persons with visual or other disabilities

that affect reading.

The employer also may be required to take corrective or preventive actions

to cure the source of the identified discrimination and minimize the chance

of its recurrence, as well as discontinue the specific discriminatory

practices involved in the case.

The Commission

XIV. What Is EEOC and How Does It Operate?

EEOC is an independent federal agency originally created by Congress in 1964

to enforce Title VII of the Civil Rights Act of 1964. The Commission is

composed of five Commissioners and a General Counsel appointed by the

President and confirmed by the Senate. Commissioners are appointed for

five-year staggered terms; the General Counsel's term is four years. The

President designates a Chair and a Vice-Chair. The Chair is the chief

executive officer of the Commission. The Commission has authority to

establish equal employment policy and to approve litigation. The General

Counsel is responsible for conducting litigation.

EEOC carries out its enforcement, education and technical assistance

activities through 50 field offices serving every part of the nation.

The nearest EEOC field office may be contacted by calling: 1-

(voice) or 1- (TTY).

Information And Assistance Available From EEOC

XV. What Information and Other Assistance Is Available from EEOC?

EEOC provides a range of informational materials and assistance to

individuals and entities with rights and responsibilities under

EEOC-enforced laws. Most materials and assistance are provided to the public

at no cost. Additional specialized training and technical assistance are

provided on a fee basis under the auspices of the EEOC Education, Technical

Assistance, and Training Revolving Fund Act of 1992. For information on

educational and other assistance available, contact the nearest EEOC office

by calling: 1- (voice) or 1- (TTY).

Publications available at no cost include posters advising employees of

their EEO rights, and pamphlets, manuals, fact sheets, and enforcement

guidance on laws enforced by the Commission. For a list of EEOC

publications, or to order publications, write, call, or fax:

U.S. Equal Employment Opportunity Commission

Publications Distribution Center

P.O. Box 12549

Cincinnati, Ohio 45212-0549

1- (voice)

1- (TTY)

(fax)

Telephone operators are available to take orders (in English or Spanish)

from 8:30 a.m. to 5:00 p.m. (EST), Monday through Friday. Orders generally

are mailed within 48 hours after receipt.

Information about EEOC and the laws it enforces also can be found at the

following internet address: http://www.eeoc.gov.