Equal Employment Opportunity Law

Equal Employment Opportunity (EEO) Law

29 Code of Federal Regulations (C.F.R.) Part 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.

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. Read the Age Discrimination in Employment Act (ADEA) of 1967, as amended and Facts About Age Discrimination.

Americans with Disabilities Act (ADA) 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. Read the Americans with Disabilities Act (ADA) and Sections 501 and 505 of the Rehabilitation Act of 1973 and other ADA regulations and technical assistance materials.

Fair Labor Standards Act of 1958, as amended (Equal Pay Act of 1963 - [EPA])

The Equal Pay Act 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. Read the Equal Pay Act of 1963.

Title VI of the Civil Rights Act of 1964 - Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons

Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance. Language for LEP individuals can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by federally funded programs and activities. Read Title VI of the Civil Rights Act of 1964.

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 complaints process or for opposing any unlawful employment practice under Title VII. Read Title VII of the Civil Rights Act of 1964

The Federal laws prohibiting job discrimination are:

-Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

- the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

- the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

- Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

- Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

- the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).