Federal Equal Employment Opportunity EEO Law

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Federal Equal Employment Opportunity (EEO) Law

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What laws does EEOC enforce?

• Title VII of the 1964 Civil Rights Act (TITLE 7)
• Equal Pay Act of 1963 (EPA)
• The Age Discrimination in Employment Act of 1967
  (ADEA)
• The Americans with Disabilities Act of 1990 (ADA)
• Civil Rights Act of 1991

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Who must comply?

• Title 7 ADA
• ADEA
• EPA

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How does EEOC monitor compliance?

• EEO-1 Reports
• Who must file one?

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What does EEOC do to non-complying employers?

• Require cooperation
• Distribute/post non-discrimination policies
• Training
• Restructure job search methods
• Oversight office

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Title 7, ADA, ADEA claim its illegal to
discriminate in

• hiring firing
• compensation, assignment, or classification of
  employees
• transfer, promotion, layoff, or recall
• job advertisements
• recruitment
• testing
• use of company facilities
• training apprenticeship programs
• fringe benefits
• pay, retirement plans, disability leave or
• other terms conditions of employment.
• harassment on the basis of race, color, religion,
  sex, national origin, disability, or age
• retaliation
• employment decisions based on stereotypes or
  assumptions about the abilities, traits, or
  performance of individuals of a certain sex,
  race, age, religion, or ethnic group, or
  individuals with disabilities
• denying employment opportunities to a person
  because of marriage to, or association with, an
  individual of a particular race, religion,
  national origin, or an individual with a
  disability. T

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Protected Categories?

• race,
• color,
• national origin,
• religion,
• sex (added in 1965)

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Title 7 Race Color

• race related conditions
• harassment
• segregation classification of workers
• pre-employment inquiries

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Title 7 National Origin

• harassment
• language

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Title 7 Religion

• accomodation

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Title 7 Sex

• harassment
• pregnancy based discrmination

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Equal Pay Act of 1963 (EPA)

• prohibits discrimination on the basis of sex in
  the payment of wages or benefits, where men
  women perform work of similar skill, effort,
  responsibility for the same employer under
  similar working conditions.
• Employer violations?

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ADEA

• protects individuals who are 40 years from
  age-based employment discrimination
• age may be proven to be a bona fide occupational
  qualification (BFOQ)
• denial of benefits to older employees.

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ADA

• prohibits discrimination on the basis of
  disability in all employment practices.
• Protects individuals with a physical or mental
  impairment that limits one major life activities
  that an average person can perform w/ little to
  no difficulty
• (Employees applicants currently using illegal
  drugs are not protected by the ADA).