Age Discrimination in Employment Act of See EEOC guidance on age discrimination. Rehabilitation Act of Sections and of the Rehabilitation Act, as amended, protects employees and job applicants from employment discrimination based on disability. This law covers qualified employees and job applicants with disabilities. It also requires Federal agencies to make reasonable accommodation of any known disabilities unless such accommodation would cause an undue hardship. See EEOC guidance on disability discrimination.
The Civil Rights Act of No person employed by a company covered by Title VII, or applying to work for that company, can be denied employment or treated differently with regard to any workplace decision on the basis of perceived racial, religious, national, sexual, or religious characteristics.
No employee can be treated differently based on his or her association with someone who has one of these protected characteristics. Additionally, employment decisions may not be made on the basis of stereotypes or assumptions related to any protected characteristic. For example, it is unlawful for a supervisor to refuse to promote a Vietnamese person to a management position because he or she believes that Asian people are not good leaders.
Employment policies and practices may be discriminatory under Title VII based on disparate treatment or disparate impact. Disparate treatment involves intentional discrimination by an employer.
Similarly, employees who belong to a protected group cannot be segregated or physically isolated from either other employees or clients. For example, it is illegal for a major corporation to assign only white people to positions at an office in a predominantly white area or to assign primarily Asian employees to positions at an office in an area with a high Asian population. An exception to the general rule against disparate treatment exists when the lack of a protected characteristic is a bona fide occupational qualification BFOQ for a particular job.
An employer may successfully defend on the grounds that although a particular requirement seems intentionally discriminatory, it is a BFOQ for a job. For example, if a movie role calls for an actor to play Abraham Lincoln, the casting director may choose to consider only white males, even though this seems to discriminate on the basis of race and sex. Title VII also prohibits apparently neutral job policies that have a disproportionate impact on protected groups.
However, an employer that institutes a policy alleged to have a disparate impact may defend itself on the grounds that the policy is important for job performance or is a business necessity. A seemingly neutral policy of soliciting applications only from sources where all of the potential job candidates are of the same race could have a disparate impact.
For example, if an employer has a policy of hiring only applicants who belong to a private country club that has an all-white male membership, this policy would have a disparate impact, adversely affecting minorities and women.
Harassment must be unwelcome and either severe or pervasive to be actionable. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.
Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where applicable under subsection c or d of this section, from the date upon which the Commission is authorized to take action with respect to the charge.
If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.
In the case of a respondent which is a government, governmental agency, or political subdivision, if the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission shall take no further action and shall refer the case to the Attorney General who may bring a civil action against such respondent in the appropriate United States district court. The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision.
Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance.
Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection c or d of this section or further efforts of the Commission to obtain voluntary compliance.
Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure.
It shall be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases to be in every way expedited. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office.
For purposes of sections and of Title 28 [United States Code] , the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit or in his absence, the acting chief judge who shall then designate a district or circuit judge of the circuit to hear and determine the case.
If such judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to rule 53 of the Federal Rules of Civil Procedure. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.
B On a claim in which an individual proves a violation under section e-2 m of this title [section m ] and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-.
The provisions of chapter 6 of title 29 [the Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes," approved March 23, 29 U. Any civil action brought under this section and any proceedings brought under subsection i of this section shall be subject to appeal as provided in sections and , Title 28 [United States Code].
In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee including expert fees as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint 1 signed by him or in his absence the Acting Attorney General , 2 setting forth facts pertaining to such pattern or practice, and 3 requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.
The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case.
Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.
An appeal from the final judgment of such court will lie to the Supreme Court. In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district or in his absence, the acting chief judge in which the case is pending immediately to designate a judge in such district to hear and determine the case.
It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. Effective two years after March 24, [the date of enactment of the Equal Employment Opportunity Act of ] , the functions of theAttorney General under this section shall be transferred to the Commission, together with such personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with such functions unless the President submits, and neither House of Congress vetoes, a reorganization plan pursuant to chapter 9 of Title 5 [United States Code] , inconsistent with the provisions of this subsection.
The Commission shall carry out such functions in accordance with subsections d and e of this section. It also prohibits retaliation for opposing disability discrimination or participating in the complaint process. Title I applies to all employers who are covered by Title VII and prohibits discrimination based on disability in all aspects of the employment relationship.
In addition to the above statutes it should be noted that employment discrimination by recipients of Federal assistance also is prohibited by Title II of the ADA, Section , Title IX and Title VI Title VI employment jurisdiction is limited to cases in which the primary purpose of the Federal assistance is to provide employment and to those cases in which the employment discrimination tends to discriminate against beneficiaries.
Each of these laws prohibit retaliation against individuals because they oppose practices that they reasonably believe are unlawful under the employment discrimination statutes or because they participate in proceedings under the employment discrimination statutes.
The Federal agencies will continue to work with you and other benefit providers as welfare reform is implemented.
Attached are addresses and telephone numbers of the Federal agencies as a helpful reference for questions related to civil rights and welfare reform. Each agency has provided a toll free number for your convenience and is available to provide technical assistance, and answer questions.
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