Employment and Anti-Discrimination Laws

Courtesy of www.eeoc.gov

Almost every employer and employee is subject to obligations and protections under a number of federal employment and anti-discrimination laws, while state laws may vary greatly in terms of their application to employers and protections provided to employees.

Following is a primer on important federal employment and anti-discrimination laws. Given the wide variation in state employment and anti-discrimination laws, it is important that you also understand the employment laws in your state.

If you have questions about your obligations as an employer under the laws in your state, or wish to discuss your rights under the federal laws described below, talk with an employment law attorney in your area.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act protects those individuals who have a long-term physical or mental impairment that substantially limits a life activity. A "disability" under the ADA can include confinement to a wheelchair, vision and hearing problems, reliance on a cane or "walker," certain mental illnesses, and disorders of the muscular system.

Under the ADA, an employer must provide reasonable accommodations for disabled individuals protected under the act, and may not:

Make employment decisions based on generalizations about the disability;

Adopt detrimentally different pay scales, benefit programs or promotion opportunities for a protected individual or group;

Negotiate and enter into contracts with other companies that would have the effect of discriminating against individuals or groups on the basis of disability;

Discriminate against any employee with regard to terms of employment because a family member or friend is protected under the ADA; or

Discriminate against protected individuals or groups through the use of pre-employment medical examinations, pre-employment inquiries about physical abilities, job descriptions and qualifications, absenteeism, and work safety.

Filing a Charge of Employment Discrimination

Note: Federal employees or applicants for Federal employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

Who Can File a Charge of Discrimination?

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

How Is a Charge of Discrimination Filed?

When filing a charge with EEOC, you may be asked to fill out an intake questionnaire that may be submitted by mail or in person at the nearest EEOC office. Each week for up to 30 minutes, Saturday evening or Sunday morning.) An intake questionnaire or other correspondence can constitute a charge under the statutes we enforce if it contains all the information required by EEOC regulations governing the contents of a charge and constitutes a clear request for the agency to act.  See:

Memorandum: August 13, 2007 - Timely Notification to Respondents of Receipt of Intake Questionnaires or other Correspondence Constituting Charges

Memorandum: February 21, 2002 - Notifying Respondents of Receipt of Mail Charges

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Information Must Be Provided to File a Charge?

The complaining party's name, address, and telephone number;

The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;

A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and

The date(s) of the alleged violation(s).

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.

These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

What Agency Handles a Charge that is also Covered by State or Local Law?

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.

If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.

If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.

How Is a Charge Filed for Discrimination Outside the United States?

U.S.-based companies that employ U.S. citizens outside the United States or its territories are covered under EEO laws, with certain exceptions. An individual alleging an EEO violation outside the U.S. should file a charge with the district office closest to his or her employer's headquarters. However, if you are unsure where to file, you may file a charge with any EEOC office.

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).