Affirmative Action/Equal Employment Opportunity Guide to Federal Laws, Executive Orders and Regulations
Reprinted from State University of New York Affirmative Action Digest 1995 - Section II pgs. 7 & 8
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.
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.