1. Equal Employment Opportunity: The Legal Environment2
Equal Employment Opportunity: The Legal Environment

2. Chapter 2 Overview Equal Employment Opportunity Laws
Landmark Court Cases
Enforcement Agencies
This symbol “” indicates a table or figure appears at this point in the presentation.

3. Equal Employment Opportunity Laws
Equal Pay Act (1963)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Equal Pay Act 1963
Purpose or Intent
Prohibits sexual-based discrimination in rates of pay for men and women working in the same or similar jobs.
Coverage
Private employers engaged in commerce or in the production of goods for commerce and with two or more employees; labor organizations.
(Continued)

4. Equal Employment Opportunity Laws (continued)
Title VII, Civil Rights Act (1964)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Title VII, 1964
Civil Rights Act
(as amended
in 1972)
Purpose or Intent
Prohibits discrimination based on race, sex, color, religion, or national origin.
Coverage
Private employers with 15 or more employees for 20 or more weeks per year, institutions, state and local governments, employment agencies, labor unions, and joint labor-management committees.
(Continued)

5. Equal Employment Opportunity Laws (continued)
Age Discrimination in Employment Act (1967)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Age Discrimination 1967
in Employment Act
(ADEA)
Purpose or Intent
Prohibits discrimination against individuals who are at least 40 years of age but less than 70. An amendment eliminates mandatory retirement at age 70 for employees of companies with 20 or more employees.
Coverage
Private employers with 20 or more employees for 20 or more weeks per year, labor organizations, employment agencies, state and local governments, and federal agencies, with some exceptions.
(Continued)

6. Equal Employment Opportunity Laws (continued)
Rehabilitation Act (1973)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Rehabilitation Act, 1973
as amended
Purpose or Intent
Prohibits discrimination against handicapped persons and requires affirmative action to provide employment opportunity for handicapped persons.
Coverage
Federal contractors and subcontractors with contracts in excess of $2,500, organizations receiving federal financial assistance, and federal agencies.
(Continued)

7. Equal Employment Opportunity Laws (continued)
Vietnam-Era Veterans Readjustment Assistance Act (1974)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Vietnam-Era Veterans 1974
Readjustment
Assistance Act
Purpose or Intent
Prohibits discrimination in hiring disabled veterans with 30 percent or more disability rating, veterans discharged or released for a service-connected disability, and veterans on active duty between August 5, 1964 and May 7, Also requires written AAPs for certain employers.
Coverage
Federal contractors and subcontractors with contracts in excess of $10,000; employers with 50 or more employees and contracts in excess of $50,000.
(Continued)

8. Equal Employment Opportunity Laws (continued)
Pregnancy Discrimination Act (1978)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Pregnancy 1978
Discrimination Act
(PDA)
Purpose or Intent
Requires employers to treat pregnancy just like any other medical condition with regard to fringe benefits & leave policies.
Coverage
Same a Title VII, Civil Rights Act.
(Continued)

9. Equal Employment Opportunity Laws (continued)
Immigration Reform and Control Act (1986)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Immigration Reform 1986
and Control Act
Purpose or Intent
Prohibits hiring of illegal aliens.
Coverage
Any individual or company.
(Continued)

10. Equal Employment Opportunity Laws (continued)
Americans with Disabilities Act (1990) 
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Americans with 1990
Disabilities Act
Purpose or Intent
Increases access to services and jobs for disabled workers.
Coverage
Private employers with 15 or more employees.
(Continued)

11. Suggestions for Making the Workplace Accessible to Disabled Workers
Table 2.1
Suggestions for Making the Workplace
Accessible to Disabled Workers
Install wheelchair ramps.
Make curb cuts in sidewalks and entrances.
Reposition shelves so those with disabilities can reach materials.
Rearrange tables, chairs, vending machines, display racks, and other furniture.
Reposition telephones and water fountains.
Add raised markings on elevator control buttons.
Install flashing alarm lights.
Widen doors.
Install offset hinges to widen doorways.
Eliminate turnstiles or revolving doors or provide an alternative accessible path.
Install accessible door hardware (such as levers) instead of, or in addition, doorknobs.
Install grab bars in toilet stalls.
Rearrange toilet partitions to increase maneuvering space.
Move lavatory pipes underneath sinks to prevent burns.
Add raised toilet seats.
Add a full-length bathroom mirror.
Reposition paper towel dispensers.
Create designated accessible parking spaces.
Add a paper cup dispenser at existing accessible water fountains.
Remove high-pile, low-density carpeting.
Install vehicle hand controls.

12. Equal Employment Opportunity Laws (continued)
Older Workers Benefit Protection Act (1990)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Older Workers 1990
Benefit Protection
Act
Purpose or Intent
Provides protection for employees over 40 years of age in regard to fringe benefits and gives employees time to consider an early retirement offer.
Coverage
Same as ADEA.
(Continued)

13. Equal Employment Opportunity Laws (continued)
Civil Rights Act (1991)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Civil Rights Act 1991
Purpose or Intent
Permits women, persons with disabilities, and persons who are religious minorities to have a jury trial and sue for punitive damages if they can prove intentional hiring and workplace discrimination. Also requires companies to provide evidence that the business practice that led to the discrimination was not discriminatory but was job-related for the position in question and consistent with business necessity.
Coverage
Private employers with 15 or more employees.
(Continued)

14. Equal Employment Opportunity Laws (continued)
Family and Medical Leave Act (1993)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Family and Medical 1993
Leave Act (FMLA)
Purpose or Intent
Enables qualified employees to take prolonged unpaid leave for family and health-related reasons without fear of losing their jobs.
Coverage
Private employers with 15 or more employees.
(Continued)

15. Equal Employment Opportunity Laws (continued)
Executive Orders 11246, 11375, and 11478
Table 2.2 (concluded)
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Executive Order 1965
11246
Executive Order 1967
11375
11478
Purpose or Intent
Prohibits discrimination on the basis of race, sex, color, religion, or national origin; requires affirmative action with regard to these factors.
Prohibits sex-based wage discrimination.
Supersedes Executive Order and modifies some of the procedures under the previous orders and regulations.
Coverage
Federal contractors and subcontractors with contracts in excess of $10,000; employers with 50 or more employees and contracts in excess of $50,000.
Government contractors and subcontractors.
Same as Executive Order

16. Equal Employment Opportunity Laws (continued)
State and Local Government Equal Employment Laws
- U.S. Constitution’s Supremacy clause invalidated many state & local laws
- State & local governments may pass laws not covered by federal law

17. Landmark Court Cases Griggs v. Duke Power Company
McDonnell Douglas v. Green
Albemarle Paper v. Moody
University of California Regents v. Bakke
United Steelworkers of America v. Weber
Connecticut v. Teal
Memphis Firefighters, Local 1784 v. Stotts
City of Richmond v. J. A. Crosan Company
Wards Cove v. Atonio
Martin v. Wilks
Adarand Constructors v. Peña
Hopwood v. State of Texas
University of Michigan’s Admission Procedures

18. Enforcement Agencies Equal Employment Opportunity Commission
- Federal agency created under the Civil rights Act of 1964
~ administers Title VII of the act
~ ensures equal employment opportunity
~ its powers were expanded in 1979
Office of Federal Contract Compliance Program
- Office within the U.S.Department of Labor
~ responsible for ensuring EEO by federal contractors and subcontractors

19. Enforcement Agencies Equal Employment Opportunity Commission
- Federal agency created under the Civil rights Act of 1964
~ administers Title VII of the act
~ ensures equal employment opportunity
~ its powers were expanded in 1979
Office of Federal Contract Compliance Program
- Office within the U.S.Department of Labor
~ responsible for ensuring EEO by federal contractors and subcontractors

20. ?
Questions