Summary of Federal Equal Opportunity Laws

CIVIL RIGHTS ACT OF 1866 (42 USC 1981)
This law, known as section 1981, guarantees all persons the same right to make and enforce contracts that "white citizens" enjoy. It has been constructed to cover virtually all private contractual arrangements including employment. Race is covered but sex and religion are not.

EQUAL PAY ACT OF 1963
Requires that all employers subject to the Fair Labor Standards Act provide equal pay for men and women performing work substantially similar in skill, effort, responsibility, and working conditions unless wage differentials are due to bona fide systems of seniority, merit, output or some business factor other than sex.

TITLE VII, CIVIL RIGHTS ACT OF 1964 (AS AMENDED BY EEO ACT, 1972)
Prohibits discrimination on the basis of color, race, religion, sex, or national origin. Covers all employers with 15 or more persons, all educational institutions, public or private, state and local governments, public and private agencies, labor unions with 15 or more members, joint labor-management committees for apprenticeship and training. Prohibits practices identified by statistically determined adverse impact as well as intentional unequal treatment. Decisions concerning hiring, placement, training, promotion, termination and layoff are covered. Title VII established the EEOC (Equal Employment Opportunity Commission) to enforce the law. The amendment in 1972 enables the EEOC to enforce Title VII through court action.

AGE DISCRIMINATION ACT OF 1967 (AS AMENDED)
Prohibits employers of 20 or more persons from discriminating against persons over age 40 in any area of employment because of age. Some apprenticeship programs, retirement and/or benefit systems are exempted from these prohibitions. A number of states also have age laws and a few protect all ages. The subsequent Age Discrimination Act of 1975 prohibits discrimination on the basis of age against all persons 40 or older by any employer receiving Federal money. The Older Workers Protection Act of 1990, further addresses employee benefits as stated in the ADEA.

REHABILITATION ACT OF 1973 (AS AMENDED)
This act is designed to promote the employment of handicapped individuals. It bans discrimination on the basis of visible and non-visible handicaps substantially limiting one or more major life activities. Further, companies must actively pursue opportunities to employ qualified handicapped individuals and modify their facilities to accommodate them. Handicapped individuals are defined as persons who have a record of physical or mental impairment, history of alcoholism, asthma, diabetes, epilepsy, and other diseases. Section 504 of the Rehabilitation Act, states "No otherwise qualified handicapped individual in the United States . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

VIETNAM ERA VETERANS ACT OF 1974
Requires affirmative action in the hiring of qualified Vietnam era veterans and disabled veterans for government contractors with any Federal contracts of $10,000 or more. One key section of this act requires an employer, with a few exceptions, to list available job opportunities with the appropriate local state employment office nearest the facility where the opening exists.

FREEDOM OF INFORMATION AND PRIVACY ACT OF 1974
Provides citizens with access to information on public officials and information compiled by the CIA and FBI. This act covers only government employees and provides them access to all information maintained and used in the hiring process, to grant salary increases and promotions and allows for such information to be contested or rebutted in a written document that must be maintained in the same file.

UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES, 1978
Used by the EEOC and Department of Labor to provide a consistent set of principles for the use of tests and other selection criteria. The guidelines are also applied by the government to enforce such laws as Title VII and Executive Order 11246.

PREGNANCY DISCRIMINATION ACT OF 1978
Prohibits discrimination in employment practices on the basis of pregnancy and requires that medical coverage and leave policies for pregnancy be the same as other medical coverage and disability policies.

SEXUAL HARASSMENT GUIDELINES OF 1980 (Added to Civil Rights Act, Title VII)
Provides that an employee is responsible for the acts of its agents and supervisory employees with respect to sexual harassment.

AMERICANS WITH DISABILITIES ACT OF 1990
Provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. It sets forth standards for what constitutes discrimination on the basis of mental or physical disability, provides a definition of disability, qualified individual with a disability, reasonable accommodation, and establishes a complaint mechanism for resolving allegations of discrimination.

CIVIL RIGHTS ACT OF 1991
Reverses in whole or part several Supreme Court decisions regarding Title VII. Requires the employer to demonstrate that a challenged employment practice is job-related for the position in question and is consistent with business necessity. Expands remedies available for claims of intentional discrimination arising under Title VII. An individual may request a jury trial and may seek compensatory and punitive damage in addition to attorney fees.

VETERANS EMPLOYMENT ACT OF 1998
Expanded affirmative action coverage to veterans who served on active duty during a war or in any campaign or expedition for which award of a campaign badge has been authorized.

EXECUTIVE ORDER 12067
Mandates the EEOC to coordinate efforts of Federal departments and agencies to enforce all Federal statutes, Executive Orders, regulations and policies which prohibit discrimination on the basis of race, color, religion, sex, national origin, age or disability.

EXECUTIVE ORDER 11246 (AS AMENDED BY EXECUTIVE ORDER 11375)
Requires an Affirmative Action Plan from all federal contractors and subcontractors and requires that firms with contracts over $50,000 and 50 or more employees develop and implement written programs to be monitored by the Department of Labor. Revised order 4 covers underutilization of females and minorities and Rule 401:2741 covers payment of dues in private clubs that discriminate on the basis of race, sex, religion, and national origin. Executive Order 11246 is enforced through compliance reviews during which the employer's Affirmative Action Compliance Plan and supporting EEO policies and practices are closely scrutinized.