The US Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit workplace discrimination and harassment. The EEOC has the authority to investigate charges of discrimination against employers with at least 15 employees (20 in age discrimination cases). The laws enforced by the EEOC cover various aspects of employment, including hiring, firing, promotions, wages, and benefits. The EEOC's mission is to prevent and remedy unlawful employment discrimination and promote equal opportunity for all.
Characteristics | Values |
---|---|
Race | Cannot be discriminated against |
Color | Cannot be discriminated against |
Religion | Cannot be discriminated against |
National Origin | Cannot be discriminated against |
Sex | Cannot be discriminated against |
Pregnancy | Cannot be discriminated against |
Childbirth | Cannot be discriminated against |
Gender Identity | Cannot be discriminated against |
Sexual Orientation | Cannot be discriminated against |
Age (40 or older) | Cannot be discriminated against |
Disability | Cannot be discriminated against |
Genetic Information | Cannot be discriminated against |
What You'll Learn
Title VII of the Civil Rights Act of 1964
The law also requires employers to reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.
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The Equal Pay Act of 1963
The EPA states that no employer shall discriminate between employees on the basis of sex by paying different wages for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. The law provides four exceptions to this rule, allowing wage differentials based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or any factor other than sex.
To bring a claim under the EPA, an employee must show that a female employee and a male employee are receiving different wages for performing substantially equal work in the same establishment and under similar working conditions. "Substantially equal work" is interpreted as work requiring substantially equal levels of skill, effort, and responsibility, rather than identical job titles. The EPA imposes strict liability on the employer, so their intention to engage in wage discrimination is not a factor. To avoid liability, the employer must prove that wages are set according to one of the four statutory defenses allowed under the EPA.
The EPA protects individuals of all sexes and covers all forms of compensation, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, accommodations, reimbursement for travel expenses, and benefits. If a wage inequality is found between people of different sexes performing substantially equal jobs, employers must raise wages to equalize pay but may not reduce the wages of other individuals.
The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with enforcing the EPA, alongside other employment discrimination laws. The EEOC investigates charges of discrimination against employers covered by the law and works to prevent discrimination through outreach, education, and technical assistance programs.
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The Americans with Disabilities Act of 1990
The Purpose of the ADA
The ADA aims to provide a clear and comprehensive national mandate for eliminating discrimination against individuals with disabilities. It seeks to establish strong and enforceable standards to address discrimination and ensure the Federal Government plays a central role in enforcing these standards. The ADA also invokes congressional authority to address the major areas of discrimination faced daily by people with disabilities.
Definition of Disability
The ADA defines "disability" as a physical or mental impairment that substantially limits one or more major life activities. This includes having a record of such an impairment or being regarded as having an impairment. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
Reasonable Accommodation
The ADA requires employers to make reasonable accommodations for employees with disabilities, unless doing so would impose an "undue hardship" on the employer. Factors to be considered when determining whether an accommodation would cause undue hardship include the nature and cost of the accommodation, the overall financial resources of the employer, the size of the business, and the type of operation.
Medical Examinations and Inquiries
The ADA prohibits covered entities from conducting medical examinations or making inquiries about an applicant's disability before offering a job. However, employers may make pre-employment inquiries into an applicant's ability to perform job-related functions. After offering a job, employers may require a medical examination, provided that all entering employees are subject to such an examination and that medical information is kept confidential.
Enforcement and Compliance
Amendments to the ADA
The ADA has been amended several times, including by the Civil Rights Act of 1991, the ADA Amendments Act of 2008, and the Lilly Ledbetter Fair Pay Act of 2009. These amendments have expanded and clarified the protections provided by the ADA.
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The Rehabilitation Act of 1973
Section 501 of the Rehabilitation Act of 1973 prohibits employment discrimination against individuals with disabilities in the federal sector. This means that federal agencies are required to provide reasonable accommodations for employees with known physical or mental limitations, unless doing so would impose an undue hardship on the agency.
Section 505 of the Act contains provisions governing remedies and attorney's fees for violations of Section 501. This includes the right to file a lawsuit against a covered entity for discrimination.
Under Section 504, recipients of federal financial assistance are required to provide a "free appropriate public education" (FAPE) to each qualified student with a disability in their jurisdiction, regardless of the nature or severity of the disability. FAPE consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of non-disabled students.
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The Genetic Information Nondiscrimination Act of 2008
Under Title II of GINA, it is illegal to discriminate against employees or applicants because of their genetic information. This includes information about an individual's genetic tests, the genetic tests of their family members, and any diseases, disorders, or conditions that run in their family. Genetic information also includes an individual's request for or receipt of genetic services or participation in clinical research involving genetic services.
GINA prohibits employers from using genetic information when making decisions about hiring, promotion, demotion, seniority, discipline, termination, compensation, or any other terms, conditions, or privileges of employment. Genetic information is not indicative of an individual's current ability to work, and therefore must not be a factor in employment decisions.
Additionally, GINA prohibits harassment of an employee or applicant because of their genetic information. Harassment can include offensive or derogatory remarks about an individual's genetic information or that of their relatives. It is also illegal to "retaliate" against an applicant or employee for filing a charge of discrimination or participating in a discrimination proceeding.
Generally, it is unlawful for a covered entity to acquire genetic information. However, there are a few narrow exceptions to this rule, including:
- Inadvertent acquisitions of genetic information, such as a manager overhearing someone discussing a family member's illness.
- Genetic information obtained as part of health or genetic services offered voluntarily by the employer, including wellness programs, if certain requirements are met.
- Family medical history acquired as part of the certification process for FMLA leave or similar laws.
- Genetic information acquired from commercially and publicly available documents, such as newspapers, as long as the source is not specifically intended for finding genetic information.
- Genetic information acquired through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace, either required by law or voluntarily under specific conditions.
Confidentiality of genetic information is also essential. Covered entities must keep genetic information confidential and in separate medical files. Disclosure of genetic information is generally prohibited, except in limited circumstances, such as to government officials investigating compliance with GINA or pursuant to a court order.
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Frequently asked questions
The U.S. Equal Employment Opportunity Commission (EEOC) is a government body that enforces federal laws against job discrimination and harassment.
The EEOC enforces laws prohibiting discrimination based on race, color, religion, sex (including pregnancy and related conditions), gender identity, sexual orientation, national origin, age (40 or older), disability, and genetic information.
The EEOC enforces various federal laws, including Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, and the Genetic Information Nondiscrimination Act of 2008.
Most employers with at least 15 employees (20 for age discrimination cases) are subject to EEOC laws, along with labor unions and employment agencies.
EEOC laws apply to all aspects of employment, including hiring, firing, promotions, harassment, training, wages, and benefits.