EEOC Laws and Regulations

Laws

Equal Pay Act of 1963, 29 U.S.C. § 206, prohibits employers from discriminating on the basis of sex in the payment of wages where substantially equal work is performed under similar working conditions. Under this Act, the employer can establish different wage rates on the basis of (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, and (4) a differential based on any factor other than sex.

Civil Rights Act of 1964, 42 U.S.C. Chapter 21, is the major Federal law prohibiting discrimination in employment. Title VII prohibits discrimination based on race, sex, color, religion, or national origin, and covers all areas of the employee-employer relationship, from advertising open positions through termination or retirement. Enforced by EEOC.

The Age Discrimination in Employment Act of 1967, PL 90-202, 29 U.S.C. §§ 621-634, protects employees and job applicants who are 40 years of age or older from employment discrimination based on age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

The Rehabilitation Act of 1973, [29 U.S.C. §§ 791], 793, 794(a), Section 503 and 504, prohibits discrimination against the disabled and requires institutions to take affirmative action to hire and promote qualified disabled persons. Institutions are required to recruit and consider disabled persons for vacant positions, and they must make "reasonable accommodation" to the physical or mental limitations of otherwise qualified disabled employees, such as providing special equipment or modifying the job. Section 501 also requires affirmative action for hiring, placement, and promotion of qualified individuals with disabilities.

Americans With Disabilities Act of 1990, 42 U.S.C. Chapter 126, prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Enforced by DOJ, Ed, and EEOC.

Civil Rights Act of 1991, PL 102-166, amends the Civil Rights Act of 1964 by providing remedies for intentional discrimination and unlawful harassment in the workplace; codifying the concepts of "business necessity" and "job related"; providing authority and guidelines for the adjudication of disparate impact suits; and responding to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.

Sources: Extracted from EEO Commission website at www.eeoc.gov.

Sexual Orientation Policy, The Civil Service Reform Act of 1978 describes prohibited personnel practices. One of them, contained in 5 U.S.C. § 2302(b)(10), prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the basis of conduct that does not adversely affect employee performance. OPM has interpreted this statute to prohibit discrimination based upon sexual orientation. Sexual orientation means homosexuality, bisexuality, or heterosexuality. For more information, please visit www.opm.gov.

Regulations

29 CFR Part 1614, EEOC regulations concerning Federal Sector Equal Employment Opportunity.

Management Directive 110: This guidance describes in detail the procedures that must be followed when processing complaints of discrimination filed by Federal employees and applicants for Federal employment alleging employment discrimination under the amended 1614 regulations.