Gavin Howe
Equal Employment Opportunity (EEO) laws were created to prohibit specific types of job discrimination in certain workplaces. The first federal law designed to protect US employees from employment discrimination based on race, colour, religion, sex, or national origin was passed on July 2, 1964. The Equal Employment Opportunity Commission (EEOC) was established to enforce these laws, and in 1972, it was given the authority to sue in federal courts when it finds reasonable cause to believe that there has been employment discrimination. Over the years, EEO laws have been expanded to include protections for individuals with disabilities, prohibit wage discrimination based on sex, and prevent discrimination based on military history and genetic information.
| Characteristics | Values |
|---|---|
| First federal law to protect US employees from employment discrimination | Race, color, religion, sex, national origin (Public Law 88-352, July 2, 1964) |
| Discrimination in hiring, firing, promotions, transfer, wage practices | Advertising, referral of job applicants, classification |
| Discrimination based on sexual orientation or transgender status | Prohibited by the Supreme Court on June 15, 2020 |
| Disabilities protections | The Americans with Disabilities Act of 1973 and 1990 |
| Protections for federal employees and customers of federal agencies and contractors | Rehabilitation Act of 1973 |
| Discrimination based on family history and genetic information | Genetic Information Nondiscrimination Act of 2008 |
| Discrimination based on military history | Vietnam Era Veterans' Readjustment Assistance Act of 1974 |
| Discrimination based on age | Age Discrimination in Employment Act (ADEA) of 1967 |
| Authority to sue in federal courts | Equal Employment Opportunity Act of 1972 |
| EEO monitoring and enforcement | Civil Rights Center, Office of Federal Contract Compliance Programs |
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What You'll Learn
The Equal Employment Opportunity Act of 1972
The Equal Employment Opportunity Commission (EEOC) is the independent federal agency responsible for enforcing these laws and promoting equal opportunity in employment through administrative and judicial processes. The EEOC investigates charges of discrimination filed by individuals who believe their employers have discriminated against them. If the EEOC finds probable cause, it may bring an enforcement action against the employer. However, in most cases, the complainant will independently initiate any litigation.
The EEOC's first complainants were female flight attendants, but initially, the EEOC ignored sex discrimination complaints, and the prohibition went unenforced. Over time, the EEOC has expanded its scope, and it now enforces several federal statutes that prohibit job discrimination, including the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967.
A 1998 study found that the Equal Employment Opportunity Act of 1972 had a positive impact on African Americans' labour market status, concluding that it brought large shifts in the employment and pay practices of the industries most affected.
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The Americans with Disabilities Act of 1990
The Act prohibits employment discrimination against qualified individuals with disabilities by employers with 15 or more employees. It covers a wide range of disabilities, including paraplegia, Down Syndrome, and autism. However, it does not require employers to hire individuals whose disabilities would create an "undue hardship" on their business.
The ADA also includes mandates to make public accommodations accessible. This includes ensuring that entities and federal agencies understand their responsibilities under the Act. The Attorney General, in collaboration with relevant agencies, is tasked with developing a plan to assist these entities in understanding their obligations.
The ADA has been amended multiple times, including through the ADA Amendments Act of 2008, which expanded the definition of "disability," and the Lilly Ledbetter Fair Pay Act of 2009. These amendments have further strengthened the protections offered by the ADA and ensured that more individuals are covered under the Act.
The ADA has had a significant impact on the ability of people with disabilities to participate in public life. It represents a crucial step towards creating an equitable and inclusive society, addressing the systemic barriers and societal attitudes that have historically excluded individuals with disabilities.
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The Genetic Information Nondiscrimination Act of 2008
The Act was created in response to the potential misuse of genetic information, particularly in the context of health insurance and employment decisions. With the advancements in genetics and genomics research, there was a growing concern that genetic information could be used to discriminate against individuals. This form of discrimination was already evident in the 1970s, with programs to screen and identify carriers of sickle cell anemia, a disease prevalent among African Americans. As a result, state legislatures enacted discriminatory laws and mandated genetic screening, leading to unnecessary fear and stigma.
GINA prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information about individuals or their family members. It also prevents employers from making job-related decisions, such as hiring, firing, promotion, demotion, seniority, discipline, or compensation, based on genetic information. Additionally, GINA prohibits health insurers from using genetic information to determine eligibility, cost, coverage, or benefits of a health insurance policy.
The Equal Employment Opportunity Commission (EEOC) is responsible for implementing and enforcing GINA's regulations, particularly those related to employment. The EEOC's regulations for Title II of GINA became effective on January 10, 2011. GINA defines "genetic information" broadly to include information about a disease or disorder in family members, genetic tests, and participation in genetic counselling or testing.
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The Rehabilitation Act of 1973
Section 501 of the Rehabilitation Act 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. Each of these agencies is required to submit an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities. Section 501 is administered by the Equal Employment Opportunity office.
Section 503 of the Act prohibits employers with federal contracts or subcontracts from discriminating against applicants and employees with disabilities. It also requires these employers to take steps to actively hire, retain, and promote people with disabilities.
Section 504 of the Rehabilitation Act prohibits discrimination against people with disabilities by any program or activity receiving federal financial assistance or conducted by a federal executive agency or the U.S. Postal Service. This section protects applicants, employees, and participants in such programs. Each federal agency issues, administers, and enforces its own set of Section 504 regulations, which are tailored to its specific programs.
Section 505 contains provisions governing remedies and attorney's fees under Section 501. The Rehabilitation Act of 1973 has been amended several times, including by the Americans with Disabilities Act of 1990, the Rehabilitation Act Amendments of 1992, the Civil Rights Act of 1964, and the Lilly Ledbetter Fair Pay Act of 2009.
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The Civil Rights Center
The CRC's work is closely related to the Equal Employment Opportunity Commission (EEOC), an independent federal agency that promotes equal opportunity in employment through administrative and judicial enforcement of federal civil rights laws. The EEOC was established following the passing of the first federal law designed to protect US employees from employment discrimination based on an employee's or applicant's race, colour, religion, sex, or national origin. This law was enacted on July 2, 1964, as Public Law 88-352.
The EEOC has since faced challenges in fulfilling its mandate. In 2005, it established the Systemic Task Force (STF) to evaluate its effectiveness in combating systemic discrimination. Budget and staff cuts, as well as outsourcing, have also impacted the EEOC's ability to function. In FY 2020, the EEOC recovered $106 million in relief through litigation of 93 meritorious lawsuits, 13 of which were systemic.
The CRC and EEOC's work is complemented by other legislation, such as the Americans with Disabilities Act of 1990, which protects individuals with disabilities from discrimination, and the Genetic Information Nondiscrimination Act of 2008, which forbids discrimination based on family history and genetic information. These laws contribute to the broader goal of ensuring equal employment opportunities and civil rights in the United States.
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Frequently asked questions
The Equal Employment Opportunity Act of 1972 gives the Equal Employment Opportunity Commission (EEOC) authority to sue in federal courts when it finds reasonable cause to believe that there has been employment discrimination.
Discrimination based on race, colour, religion, sex, national origin, age, disability, political beliefs, and marital or familial status is prohibited.
The Equal Employment Opportunity Commission is an independent federal agency that promotes equal opportunity in employment through administrative and judicial enforcement of federal civil rights laws.
In 2020, the EEOC recovered $106 million in relief through litigation of 93 meritorious lawsuits. The EEOC has also established the Systemic Task Force (STF) to evaluate how the agency combats systemic discrimination.
