Equal Employment Opportunity: The Legal Environment 2 Equal Employment Opportunity: The Legal Environment

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.

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)

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)

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)

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)

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, 1975. 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)

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)

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)

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)

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.

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)

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)

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)

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 11246 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 11246.

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

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

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

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

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