Equal Employment Opportunity Act

The Equal Employment Opportunity Act

This Act promotes equal employment opportunities for American workers. The significant provisions of the Act may be summarized as follows:

A number of employment practices are unlawful. Under 42 USC 42 USC § 2000e-2(a) it is unlawful for an employer to fail or refuse to hire, discharge or otherwise discriminate with respect to compensation, terms, conditions or privileges of employment because of, inter alia, sex. In addition employers must not limit, segregate or classify employees or applicants for employment in any way which would deprive them of employment opportunities or otherwise adversely affect their status as employees because of, inter alia sex.

Employment Agencies are also covered. Under 42 USC § 2000e-2(b), they must not fail or refuse to refer for employment or otherwise discriminate against an individual;

Under 42 USC § 2000e-2(d), there must be no discrimination in relation to training programs.

Under 42 USC § 2000e-2(e), an exception is allowed in relation to bonafide occupational qualifications reasonably necessary for the normal operation of the particular business. The Act does not apply to the employees of religious entities (see 42 USC § 2000e-1(a).).

It is also not unlawful for an employer to differentiate upon the basis of sex in relation to wages or compensation paid or different terms, conditions or privileges of employment:

- under a bona fide seniority or merit system; or

- under a system which measures earnings by quantity or quality of production; or

- to employees who work in different locations.

However such differences must not be due to discrimination because of, inter alia, sex. Employers may also rely on professionally developed abilitity tests, provided that they are non-discriminatory in there design and implementation. In addition, wages or other compensation paid that is based on minimum wage provisions under 42 USC § 206(d) of Title 29 is not unlawful (see 42 USC § 2000-2e(h)). Under 42 USC § 2000e-2(i), preferential treatment may not be granted by an employer, union, or agency on the basis of, inter alia, sex, to address under-representation of that sex.

Indirect discrimination is also dealt with under the heading of employment practices "based on disparate impact". A case may be made out unless the employer or other challenged party can show that the practice is job related to the position in question and consistent with business necessity. Other prohibitions relate to the use of test scores. A discrimination case may be made out even where the discrimination is only a partial motivation for the practice (see 42 USC § 2000e-2(m).).

Other unlawful practices relate to discrimination that is due to a person making a complaint or having testified in an investigation or proceeding. Discriminatory advertising and other publications by employers, agencies and unions are also unlawful (see 42 USC § 2000e-3).