EEO Laws and Regulations that Govern EEO and Civil Rights
The Office of Diversity and Inclusion (ODI) is charged with ensuring the agency is in compliance with the various laws and regulations that govern Federal-sector equal employment opportunity (EEO) and civil rights. These laws and regulations prohibit discrimination in employment on the bases of race, color, religion, sex (includes sexual harassment and discrimination based on pregnancy), disability (mental or physical), age, national origin, sexual orientation, protected genetic information, and retaliation for participation in EEO activity.
FAIR LABOR STANDARDS ACT OF 1958, AS
AMENDED (EQUAL PAY ACT OF 1963 [EPA])
The EPA prohibits sex-based wage discrimination. It prohibits
Federal agencies from paying employees of one sex lower wages than
those of the opposite sex for performing substantially equal work.
Substantially equal work means that the jobs require equal skills,
effort, and responsibility, and that the jobs are performed under
similar working conditions.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED
Title VI prohibits discrimination on the bases of race, color,
and national origin in programs and activities receiving Federal
financial assistance.
Title VI - Your Rights Under Title VI of the Civil Rights Act of 1964 [Brochure]
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED
Title VII prohibits discrimination based on race, color, religion,
sex, or national origin. It also prohibits reprisal or retaliation
for participating in the discrimination complaint process or for
opposing any unlawful employment practice under Title VII.
AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) OF 1967, AS AMENDED
The ADEA prohibits discrimination in employment on the basis of
age (40 years or older). Unlike Title VII and the Rehabilitation
Act, the ADEA allows persons claiming age discrimination to go
directly to court without going through an agency's administrative
complaint procedures. If, however, a complainant chooses to file
an administrative complaint, (s)he must exhaust administrative
remedies before proceeding to court. As with Title VII complaints,
a complainant exhausts administrative remedies 180 days after filing
a formal complaint or 180 days after filing an appeal with the
Equal Employment Opportunity Commission (EEOC) if the EEOC has
not issued a decision.
TITLE IX OF THE EDUCATION AMMENDMENTS OF 1972, AS AMENDED
Title IX prohibits discrimination based on sex in federally assisted
education programs. ODI works collaboratively with the Department
of Education in processing and resolving these complaints. Additionally, ODI's compliance program include desk and on-site reveiws to ensure recipients are in compliance under Title IX.
Title IX - Nondiscrimination on the Basis of Sex in Federally Assisted Programs [Brochure]
AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 AND REHABILITATION ACT OF 1973
These laws prohibit discrimination against qualified people with
disabilities who are able to perform the essential functions of
the job. The law also requires employers to provide reasonable
accommodations to assist individuals in performing their jobs unless
the agency can demonstrate that the accommodations would impose
an undue hardship on the operation of its program. See "Policy/Updates" for recent amendments to the ADA.
FAIR LABOR STANDARDS ACT OF 1958, AS
AMENDED (EQUAL PAY ACT OF 1963 [EPA])
The EPA prohibits sex-based wage discrimination. It prohibits
Federal agencies from paying employees of one sex lower wages than
those of the opposite sex for performing substantially equal work.
Substantially equal work means that the jobs require equal skills,
effort, and responsibility, and that the jobs are performed under
similar working conditions.
CIVIL RIGHTS ACT OF 1991
This act amends the Civil Rights Act of 1964 by strengthening
and improving Federal civil rights laws. It provides for damages
in cases of intentional employment discrimination and clarifies
provisions regarding disparate impact action. This act (1) provides
appropriate remedies for intentional discrimination and unlawful
harassment in the workplace; (2) codifies the concepts of "business
necessity" and "job related" enunciated by the
Supreme Court; (3) confirms statutory authority and provides
statutory guidelines for the adjudication of disparate impact
suits under Title VII of the Civil Rights Act 1964, as amended,
and (4) responds to recent decisions of the Supreme Court by
expanding the scope of relevant civil rights statues to provide
adequate protection to the victims of discrimination.
ADMINISTRATIVE DISPUTE RESOLUTION ACT OF 1996
The Administrative Dispute Resolution Act was created to offer
agencies alternative means of resolving controversial issues that
relate to an administrative program. Alternative Dispute Resolution
(ADR) is a technique to resolve claims through informal discussions,
negotiations, and settlements. Alternative means of dispute resolution
are voluntary procedures that supplement rather than limit other
available agency dispute resolution techniques.
1998 AMENDMENT TO SECTION 508 OF THE REHABILITATION ACT - DEVELOPMENT, PROCUREMENT, MAINTENANCE, OR USE OF ELECTRONIC AND INFORMATION TECHNOLOGY
In 1998, Congress amended the Rehabilitation Act to require
Federal agencies to make their electronic and information technology
(E&IT)
accessible to people with disabilities. Inaccessible technology
interferes with an individual's ability to obtain and use information
quickly and easily. Section 508 was enacted to eliminate barriers
in information technology, to make available new opportunities
for people with disabilities, and to encourage development
of technologies that will help achieve these goals. The law applies
to all Federal agencies when they develop, procure, maintain,
or use electronic and information technology. Under Section 508
(29 U.S.C.794d), as amended by the Workforce Investment Act of
1998 (P.L. 105-220), August 7, 1998, agencies must give disabled
employees and members of the public access to information that
is comparable to the access available to others. It is recommended
that you review the laws
and regulations Section 508 standards and the Federal
Acquisition Regulations to further your understanding
about Section 508. Procedures
to file Section 508 administrative complaints can be found here.
SECTION 504 OF THE REHABILITATION ACT OF 1973 - SECTION 794. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS; PROMULGATION OF RULES AND REGULATIONS
(a) Promulgation of rules and regulations: No otherwise qualified
individual with a disability in the United States, as defined in
section 706 (20) of this title, shall, solely by reason of his
or her disability, be excluded from the participation in, be denied
the benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance or under any
program or activity conducted by any Executive agency or by the
United States Postal Service. The head of each such agency shall
promulgate such regulations as may be necessary to carry out the
amendments to this section made by the Rehabilitation, Comprehensive
Services, and Developmental Disabilities Act of 1978. Copies of
any proposed regulations shall be submitted to appropriate authorizing
committees of the Congress, and such regulation may take effect
no earlier than the thirtieth day after the date on which such
regulation is so submitted to such committees. NSF regulations
implementing Section 504 are found at 45 CFR Sec. 605. With a few
changes, these regulations follow closely the regulations issued
by the DHHS at 45 CFR Section 84. Additional information related
to Section 504 can be found at the Department
of Labor website
and Procedures to file Section 504 administrative complaints within
the National Science Foundation.
FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY: 29 CODE OF FEDERAL REGULATIONS (C.F.R.) 1614
The regulations governing the processing of Federal sector discrimination
complaints are contained in Title 29 C.F.R., Part 1614. These regulations
also define the role of the counselors, managers, supervisors,
and witnesses.
Management Directive MD- 110
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