What
Are the Federal Laws Prohibiting Job Discrimination?
Title VII of the Civil
Rights Act of 1964 (Title VII),
which prohibits employment discrimination based
on race, color, religion, sex, or national origin;
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;
The Age Discrimination
in Employment Act of 1967 (ADEA),
which protects individuals who are 40 years
of age or older;
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;
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
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.
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:
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hiring and firing; |
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compensation, assignment, or classification
of employees; |
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transfer, promotion, layoff, or recall; |
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job advertisements; |
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recruitment; |
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testing; |
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use of company facilities; |
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training and apprenticeship programs; |
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fringe benefits; |
|
pay, retirement plans, and disability
leave; or |
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other terms and conditions of employment. |
Discriminatory practices
under these laws also include:
harassment on the basis of race, color, religion,
sex, national origin, disability, or age;
retaliation against an individual for filing
a charge of discrimination, participating
in an investigation, or opposing discriminatory
practices; 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 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.
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
It is illegal
to discriminate against an individual because
of birthplace, ancestry, culture, or linguistic
characteristics common to a specific ethnic
group. 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.
Religious
Accommodation
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:
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.)
Pregnancy
Based Discrimination - Pregnancy, childbirth,
and related medical conditions must be treated
in the same way as other temporary illnesses
or conditions.
Age
Discrimination in Employment Act
The ADEA's broad ban against age
discrimination also specifically prohibits:
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);
discrimination on the basis of age by apprenticeship
programs, including joint labor-management
apprenticeship programs; and
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:
Employers may not reduce wages of either sex
to equalize pay between men and women.
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.
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.
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.
Who
Can File a Charge of Discrimination?
Any individual who believes that his or her
employment rights have been violated may file
a charge of discrimination with EEOC. 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.
How
Is a Charge of Discrimination Filed?
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 1-800-669-4000
(voice) or 1-800-669-6820 (TTY) to contact
the nearest EEOC office for more information
on specific procedures for filing a charge.
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.
Federal employees or applicants for employment
should see the fact sheet about
What
Information Must Be Provided to File a Charge?
The complaining party's
name, address, and telephone number; 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;
A short description of the alleged violation
(the event that caused the complaining party
to believe that his or her rights were violated);
and the date(s) of the alleged violation(s).
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 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.
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.
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.
To protect legal rights,
it is always best to contact EEOC promptly
when discrimination is suspected. Federal
employees or applicants for employment should
see the fact sheet about
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.
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.
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.
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 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.
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.
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.
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.
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.
How
Does EEOC Resolve Discrimination Charges?
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.
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.
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.
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.
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.
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:
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back pay |
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hiring |
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promotion |
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reinstatement |
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front pay |
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reasonable accommodation, or |
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:
attorneys' fees,
expert witness fees, and
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.
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: 1-800-669-4000
(voice) or 1-800-669-6820 (TTY).
