EQUAL OPPORTUNITY LAWS
TENNESSEE STATE DEPT. OF EDUCATION
US DEPT. OF LABOR LINK
TENNESSEE DEPT. OF LABOR AND WORKFORCE DEVELOPMENT LINK
Summary of Major Equal Opportunity Laws
A brief review of some of the major federal nondiscrimination, equal opportunity, and affirmative action laws and executive orders follows:
Age Discrimination Act of 1975
Requires
that: "No person in the United States shall, on the basis of age, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity which receives
or benefits from Federal financial assistance…" The Act permits
specific exceptions, allowing use of age distinctions if it bears a
direct and substantial relationship to the normal operation of the
program, activity, or achievement of a statutory objective (for example,
if a program provides special benefits to the elderly or to children).
Age Discrimination in Employment Act (ADEA) of 1967
Prohibits
employers of 20 or more employees from engaging in age-based
discrimination against individuals who are age 40 or older, unless age
is a bona fide job qualification reasonably necessary to the normal
operations of the business. The law also covers employment agencies and
labor organizations.
Americans with Disabilities Act (ADA) of 1990
Mandates
elimination of discrimination against people with disabilities in
employment, access to public facilities and services, transportation,
and telecommunications. Title I prohibits employers with 15 or more
employees from discrimination against qualified applicants and employees
with disabilities in hiring, promotion, discharge, pay, job training,
fringe benefits, and other aspects of employment. Individuals who are
regarded as having a disability, when in fact they do not, and people
who are associated with individuals with disabilities are also
protected. Covered employers must provide qualified applicants and
employees with disabilities with reasonable accommodations that do not
impose undue hardship. The law covers most private employers, state and
local governments, employment agencies and labor organizations.
Title
II requires that state and local government services, programs, and
activities must be accessible to and usable by individuals with
disabilities. Auxiliary aids and services and reasonable accommodations
needed to participate in or benefit from a public entity's programs or
services must be provided to qualified individuals with disabilities at
no extra cost.
Title VII of the Civil Right Act (CRA) of 1964
Prohibits
harassment and unequal treatment on the basis of race, color, religion,
sex, or national origin in all areas of employment, from advertisement
for new employees through termination or retirement. The Act applies to
most employers with fifteen or more employees as well as employment
agencies and labor organizations.
Title VI of the Civil Rights Act (CRA) of 1964
Prohibits
discrimination based on race, color, or national origin in the
provision of benefits and services in all programs and activities
receiving federal financial assistance.
Civil Rights Act of 1991
Adds
provisions to Title VII of the Civil Rights Act of 1964 to strengthen
federal civil rights laws, including damages for intentional employment
discrimination and right to jury trial.
Title IX of the Education Amendments of 1972
Discrimination
against students on the basis of sex is prohibited in education
programs or activities that receive federal financial assistance.
Requires that: "No person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity
receiving Federal financial assistance."
Equal Pay Act of 1963
Part
of the Fair Labor Standards Act, this act prohibits discrimination on
the basis of sex in compensation (including most fringe benefits) for
substantially equal work in the same establishment. Wage differentials
resulting from seniority, merit, or wage systems that base earning on
quality or quantity of production and not the sex of the employee do not
violate the act. Most private and public employers are covered.
Executive Order 11141>
This order prohibits age bias in employment by federal contractors.
Executive Orders 11246 and 11375
Prohibit
employment discrimination on the basis of race, color, religion, sex or
national origin by employers doing business with the federal government
and requires covered federal contractors to take affirmative action to
ensure that equal opportunity is provided in all aspects of employment.
>Immigration and Reform Control Act (IRCA) of 1986
This
act makes it illegal for employers of four or more workers to knowingly
hire aliens who are not eligible to work in the United States.
Employers are required to verify an individual's eligibility to work in
the U.S. by examining identification documents required by law. The act
also prohibits employers from discriminating on the basis of citizenship
or national origin against legal aliens
Pregnancy Discrimination Act of 1978
Amends
Title VII of the Civil Rights Act to prohibit discrimination against
applicants and employees on the basis of pregnancy, childbirth or
related conditions. The act bars mandatory leave policies that require
women to take leave at a predetermined time before their delivery date
or refusal to grant leave when required under doctor's orders where such
leave would be granted for other medical problems to non-pregnant
employees.
Section 503 of the Rehabilitation Act of 1973
Prohibits
employment discrimination based on disability and requires covered
employers (federal contractors) to take affirmative action to employ and
advance in employment qualified individuals with disabilities who, with
or without "reasonable accommodation," can perform the essential
functions of the job. The regulations implementing the act require
reasonable accommodations to known physical and mental limitations of
qualified individual with disabilities.
Section 504 of the Rehabilitation Act of 1973
Requires
that: "No otherwise qualified handicapped individual in the United
States shall, solely by reason of his handicap, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination under any program of activity receiving federal financial
assistance."
Section 402 of Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974
Prohibits
discrimination in employment practices on the basis of being either a
veteran of the Vietnam era or a special disabled veteran and requires
covered employers (federal contractors) to take affirmative action to
employ and advance in employment qualified Vietnam era veterans and
special disabled veterans.
NON-DISCRIMINATION STATEMENT
The following is the most current Nondiscrimination Statement:
BLEDSOE COUNTY SCHOOLS is an equal opportunity provider and employer.
If you wish to file a Civil Rights'
program complaint of discrimination, complete the USDA Program
Discrimination Form, found online at
http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA
office, or call (866) 632-9992 to request the form. You may also write a
letter containing all of the information requested in the form. Send
your completed complaint form or letter to us by mail at U.S. Department
of Agriculture, Director, Office of Adjudication, 1400 Independence
Avenue, S.W. Washington, D.C. 20250-9410, by fax (202) 690-7442 or email
at program.intake@usda.gov .
(Updated March 24, 2014)
THE US DEPT OF EDUCATION DEAR COLLEAGUE LETTER, issued 5/14/14, can be view here.