Evolution Of Eeo Laws: A Historical Perspective

The U.S. Equal Employment Opportunity Commission (EEOC) was created by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, colour, religion, sex, or national origin. The EEOC enforces federal laws that make it illegal to discriminate against a job applicant or employee based on their race, colour, religion, sex, national origin, age, disability, or genetic information. The EEOC has the authority to investigate charges of discrimination against employers and, if discrimination is found, will attempt to settle the charge. If this is unsuccessful, the EEOC can file a lawsuit.

The Civil Rights Act of 1964

The Act was a response to Americans' expectations in the 1960s that the president, the Congress, and the courts would fulfill the promise of the 14th Amendment, which guarantees "equal protection of the laws". All three branches of the federal government, as well as the public at large, debated a fundamental constitutional question: does the Constitution's prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits?

The Act prohibited discrimination on the basis of race, color, religion, sex, or national origin. It forbade discrimination on the basis of sex, as well as race, in hiring, promoting, and firing. The Act also strengthened the enforcement of voting rights and the desegregation of schools.

The Act was not passed without difficulty. Opposition in the House of Representatives stalled the bill in the House Rules Committee. In the Senate, Southern Democratic opponents attempted to talk the bill to death in a filibuster. However, House supporters eventually overcame the Rules Committee obstacle by threatening to send the bill to the floor without committee approval, and the Senate filibuster was overcome through the leadership of Senator Hubert Humphrey of Minnesota, the support of President Lyndon Johnson, and the efforts of Senate Minority Leader Everett Dirksen of Illinois, who convinced enough Republicans to support the bill.

The Equal Pay Act of 1963

The EPA provides four affirmative defenses that allow unequal pay for equal work when wages are set:

• Pursuant to a seniority system
• A merit system
• A system that measures earnings by quantity or quality of production
• Any factor other than sex

The EPA was the first national civil rights legislation focusing on employment discrimination. It was enforced by the Department of Labor until 1978.

The EPA has been influential in shaping the interpretation of civil rights legislation by the Equal Employment Opportunity Commission (EEOC). It has also been amended over time to expand its coverage and ensure equal pay for all.

The Age Discrimination in Employment Act of 1967

The ADEA was enacted to promote the employment of older persons based on their ability rather than age, and to prohibit arbitrary age discrimination in employment. The Act also aims to help employers and workers find ways to meet problems arising from the impact of age on employment.

Under the ADEA, it is unlawful for employers, employment agencies, and labor organizations to discriminate against individuals aged 40 or older in various ways, including:

• Failing or refusing to hire or discharge an individual
• Limiting, segregating, or classifying employees in a way that deprives them of employment opportunities or adversely affects their status because of age
• Reducing the wage rate of an employee to comply with the ADEA
• Excluding or expelling an individual from membership in a labor organization, or otherwise discriminating against them
• Causing or attempting to cause an employer to discriminate against an individual
• Printing or publishing notices or advertisements indicating any preference, limitation, or discrimination based on age

The ADEA also includes important principles such as:

• Employment Notices and Advertisements: It is generally unlawful for employment notices or advertisements to include age preferences, limitations, or specifications. For example, terms suggesting agencies seek applicants who are "age 25 to 35" or "recent college graduates" violate the ADEA unless a statutory exemption, such as a Bona Fide Occupational Qualification (BFOQ), applies.
• Bona Fide Occupational Qualifications (BFOQ): Under the ADEA, it is unlawful for an agency to discriminate based on age unless the age limitation is a BFOQ necessary for the position.
• Harassment: The ADEA prohibits harassment of individuals aged 40 or older, including offensive remarks about age. Harassment is illegal when it creates a hostile work environment or results in adverse employment decisions.
• Retaliation: The ADEA prohibits retaliation against individuals for opposing discriminatory employment practices under the ADEA or participating in employment discrimination proceedings.

The Americans with Disabilities Act of 1990

Amendments

The ADA has been amended several times since its enactment, including the ADA Amendments Act of 2008, which expanded the scope of protection for individuals with disabilities.

The Rehabilitation Act of 1973

Section 501

Section 501 prohibits employment discrimination against people with disabilities in the federal sector, including the U.S. Postal Service, the Postal Regulatory Commission, and the Smithsonian Institution. It does not require these entities to have a minimum number of employees at the worksite to be covered. Section 501 is administered by individual agencies' Equal Employment Opportunity office.

Section 503

Section 503 prohibits employers with federal contracts (or subcontracts) from discriminating against applicants and employees with disabilities. It also requires affirmative steps to hire, retain and promote people with disabilities. The non-discrimination provisions apply to all companies with contracts in excess of $10,000, while the affirmative action provisions apply to companies with 50 or more employees and contracts of $50,000 or more.

Section 504

Section 504 prohibits discrimination against people with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service. For programs or activities receiving federal financial assistance, there is no minimum threshold for coverage, and there is no requirement that recipients or executive agencies have a certain number of employees. Section 504 protects not only people with disabilities who apply to and participate in such programs, but also job applicants and employees of the organizations that provide them. Each federal agency issues, administers, and enforces its own set of Section 504 regulations tailored to its programs, although all such regulations share common requirements.

Section 508

Section 508 addresses information technology. It requires federal agencies' information and communications technology to be accessible to people with disabilities—including not only members of the public but also employees. While Section 508 only applies to federal agencies, many private employers have adapted its standards to ensure their technology infrastructure is accessible.

Frequently asked questions