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Section II
Affirmative Action/Equal Employment Opportunity Guide
to Federal Laws, Executive Orders and Regulations *
Federal Laws, Executive
orders and Regulations
All links lead to outside resources
Please note that all links lead outside of Stony Brook. If you have
any questions or concerns please e-mail Antonio Ferrantino at notes.cc.sunysb.edu
Age
Discrimination Act of 1975 - Prohibits discrimination on
the basis of age in programs or activities receiving federal financial
assistance.
Age
Discrimination in Employment Act of 1967 as Amended - Specifies
that it is unlawful for an employer to fail or refuse to hire or to
discharge any individual or otherwise discriminate against any individual
with respect to compensation, terms, conditions, or privileges of employment,
because of such individuals age.
Americans
with Disabilities Act (ADA) of 1990 - called by sponsors
the "Emancipation Proclamation for those with Disabilities."
The law prohibits discrimination against qualified people with disabilities
in employment, public services and transportation, public accommodations,
and telecommunications services.
Civil
Rights Act of 1964 - Enforces the constitutional right to
vote; provides relief against discrimination in public accommodations;
protects constitutional rights in public facilities and public education
prevents discrimination in federally assisted programs. Amended in 1972
to include discrimination in employment. (see Title VII below)
Civil
Rights Act of 1991 - The purposes of the Act are (1) to provide
appropriate remedies for intentional discrimination and unlawful harassment
in the workplaces (2) to codify the concepts of "business necessity"
and "job related" enunciated by the Supreme Court in Criggs
v. Duke Power Co., (1971), and in other Supreme Court decision; prior
to Wards Cove Packing Co. v. Atonio (1989) to confirm statutory authority
and provide statutory guidelines for the adjudication of disparate impact
suits under Title VII of the Civil Rights Act of 1964; and to respond
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. The Act provides for compensatory and punitive damages
and jury trials in cases of sex, religious, and disability bias.
Civil Rights Restoration Act of 1988
- Overturns the U.S. Supreme Court's 1984 decision in Grove City v.
Bell, and specifies that recipients of federal funds must comply with
civil rights laws in all areas, not just in a particular program or
activity that receives federal funding. Applies to Title IX of the Education
Amendments of 1972, Rehabilitation Act of 1973, Title VI of the Civil
Rights Act of 1964, and the Age Discrimination in Employment Act.
Equal
Employment Opportunity Commission Guidelines on Sexual Harassment
- Prohibits unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature which imposes requirement
of sexual cooperation as a condition of employment.
Equal Pay
Act - Requires the same pay for men and women doing substantially
equal skill, effort and responsibility under similar working conditions
in the same establishment.
Executive
Order No. 11246 as Amended - Prohibits employers doing business
with the Federal Government from discriminating in employment because
of race, color, religion, sex or national origin. Employers must also
take positive measures to hire and promote qualified minorities and
women.
Notice of Investigative Guidance on Racial
Incidents and Harassment (Title VI of the Civil Rights Act of
1964) - discusses the investigative approach that the Office for Civil
Rights staff will follow when investigating issues of discrimination
against students based on alleged racial incidents - including incidents
involving allegations of harassment on the basis of race - that occur
at educational institutions.
Religious Freedom Restoration Act of 1993
- requires federal, state and local governments to demonstrate a compelling
interest before burdening an individual's exercise of religion.
Revised Order No. 4 - Detailed guidelines
for Federal contractors on how to develop a written affirmative action
program.
Revised Order No. 14 - Provides guidance
to Federal contractors on how enforcement agencies evaluate written
affirmative action compliance programs and conduct compliance reviews.
Section
503 of the Rehabilitation Act of 1973 - Requires that government
contractors and subcontractors take affirmative action to employ and
advance in employment qualified handicapped individuals, and that contractors,
subcontractors and their representatives shall not discriminate against
individuals because of their physical or mental handicap in any employment
practice (hiring, training, compensation, upgrading, etc.).
Section
504 of the Rehabilitation Act of 1973 - Prohibits discrimination
on the basis of physical or mental handicap in every federally assisted
program or activity in the country.
Title
VI of the Civil Rights Act of 1964 - Prohibits discrimination
on the grounds of race, color or national origin in programs and activities
receiving Federal financial assistance.
Title
VII of the Civil Rights Act of 1964 as Amended by the Equal Employment
Opportunity Act of 1972 -
Makes it unlawful to discriminate in employment practices on the basis
of race, color, religion, sex, or national origin. Creates Equal Employment
Opportunity Commission as enforcement agency.
Title
IX of the 1972 Education Amendments - The law reads: No person
in the United States shall, on the basis of sex, be excluded from participation
in, he denied the benefits of, or be subjected to discrimination under
any education program or activity receiving Federal financial assistance.
The
Family and Medical Leave Act of 1993 - Requires employers
to provide up to 12 weeks of unpaid leave for employees for childbirth,
adoption, recovery from a serious illness, or for the care of a seriously
ill family member. Employees would be entitled to the same or an equivalent
position upon returning from leave and to the continuation of health
benefits during leave.
U.S. Office for Civil Rights Vocational Education
Guidelines (1960) - The guidelines are administered by the New
York State Department of Education and require the adoption of a compliance
program to prevent, identify, and remedy discrimination on the basis
of race, color, national origin, sex, or handicap in all vocational
education schools, facilities and programs, Community Colleges, Colleges
of Technology and Colleges of Agriculture and Technology, and other
four-year campuses which prepare vocational tech teachers come under
the guidelines.
Section 402 of the Vietnam Era Veterans Readjustment
Assistance Act of 1964 - Affirmative action obligations of contractors
and subcontractors for disabled veterans and veterans of the Vietnam
Era.
* Reprinted from State University of New York Affirmative
Action Digest 1995 - Section II pgs. 7 & 8
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