>From the web page http://www.eeoc.gov/facts/qanda.html

The U.S. Equal Employment Opportunity Commission

Federal Laws Prohibiting Job Discrimination
Questions And Answers

Federal Equal Employment Opportunity (EEO) Laws

I. What Are the Federal Laws Prohibiting Job Discrimination?

  * 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 of the Americans with Disabilities Act of 1990
    (ADA), which prohibits employment discrimination against
    qualified individuals with disabilities in the private
    sector, and in state and local governments;

  * Section 501 of the Rehabilitation Act of 1973, which
    prohibits discrimination against qualified individuals with
    disabilities who work in the federal government; and

  * the Civil Rights Act of 1991, which provides monetary
    damages in cases of intentional employment discrimination.

The 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.

Discriminatory Practices

II. What Discriminatory Practices Are Prohibited by These Laws?

Under Title VII, the ADA, and the ADEA, it is illegal to
discriminate in any aspect of employment, including:

  * hiring and firing;

  * compensation, assignment, or classification of employees;

  * transfer, promotion, layoff, or recall;

  * job advertisements;

  * recruitment;

  * testing;

  * use of company facilities;

  * training and apprenticeship programs;

  * fringe benefits;

  * pay, retirement plans, and disability leave; or

  * other terms and conditions of employment.

Discriminatory practices under these laws also include:

  * harassment on the basis of race, color, religion, sex,
    national origin, disability, or age;

  * retaliation against an individual for filing a charge of
    discrimination, participating in an investigation, or
    opposing discriminatory practices;

  * employment decisions based on stereotypes or assumptions
    about the abilities, traits, or performance of individuals
    of a certain sex, race, age, religion, or ethnic group, or
    individuals with disabilities; and

  * denying employment opportunities to a person because of
    marriage to, or association with, an individual of a
    particular race, religion, national origin, or an individual
    with a disability. Title VII also prohibits discrimination
    because of participation in schools or places of worship
    associated with a particular racial, ethnic, or religious
    group.

Employers are required to post notices to all employees advising
them of their rights under the laws EEOC enforces and their
right to be free from retaliation. Such notices must be
accessible, as needed, to persons with visual or other
disabilities that affect reading.

III. What Other Practices Are Discriminatory Under These Laws?

Title VII

Title VII prohibits not only intentional discrimination, but
also practices that have the effect of discriminating against
individuals because of their race, color, national origin,
religion, or sex.

National Origin Discrimination

  * It is illegal to discriminate against an individual because
    of birthplace, ancestry, culture, or linguistic
    characteristics common to a specific ethnic group.

  * A rule requiring that employees speak only English on the
    job may violate Title VII unless an employer shows that the
    requirement is necessary for conducting the business. If the
    employer believes such a rule is necessary, employees must
    be informed when English is required and the consequences
    for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires
employers to assure that employees hired are legally authorized
to work in the U.S. However, an employer who requests employment
verification only for individuals of a particular national
origin, or individuals who appear to be or sound foreign, may
violate both Title VII and IRCA; verification must be obtained
from all applicants and employees. Employers who impose
citizenship requirements or give preferences to U.S. citizens in
hiring or employment opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the
Office of Special Counsel for Immigration-Related Unfair
Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515
(TTY for employees/applicants) or 1-800-362-2735 (TTY for
employers).

Religious Accommodation

  * An employer is required to reasonably accommodate the
    religious belief of an employee or prospective employee,
    unless doing so would impose an undue hardship.

Sex Discrimination

Title VII's broad prohibitions against sex discrimination
specifically cover:

  * Sexual Harassment - This includes practices ranging from
    direct requests for sexual favors to workplace conditions
    that create a hostile environment for persons of either
    gender. (The "hostile environment" standard also applies to
    harassment on the bases of race, color, national origin,
    religion, age, and disability.)

  * Pregnancy Based Discrimination - Pregnancy, childbirth, and
    related medical conditions must be treated in the same way
    as other temporary illnesses or conditions.

Additional rights are available to parents and others under the
Family and Medical Leave Act (FMLA), which is enforced by the
U.S. Department of Labor. For information on the FMLA, or to
file an FMLA complaint, individuals should contact the nearest
office of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor. The Wage and Hour
Division is listed in most telephone directories under U.S.
Government, Department of Labor.

Age Discrimination in Employment Act (ADEA)

The ADEA's broad ban against age discrimination also
specifically prohibits:

  * statements or specifications in job notices or
    advertisements of age preference and limitations. An age
    limit may only be specified in the rare circumstance where
    age has been proven to be a bona fide occupational
    qualification (BFOQ);

  * discrimination on the basis of age by apprenticeship
    programs, including joint labor-management apprenticeship
    programs; and

  * denial of benefits to older employees. An employer may
    reduce benefits based on age only if the cost of providing
    the reduced benefits to older workers is the same as the
    cost of providing benefits to younger workers.

Equal Pay Act (EPA)

The EPA prohibits discrimination on the basis of sex in the
payment of wages or benefits, where men and women perform work
of similar skill, effort, and responsibility for the same
employer under similar working conditions.

Note that:
  * Employers may not reduce wages of either sex to equalize pay
    between men and women.

  * A violation of the EPA may occur where a different wage
    was/is paid to a person who worked in the same job before or
    after an employee of the opposite sex.

  * A violation may also occur where a labor union causes the
    employer to violate the law.

Title I of the Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in
all employment practices. It is necessary to understand several
important ADA definitions to know who is protected by the law
and what constitutes illegal discrimination:

  Individual with a Disability
    An individual with a disability under the ADA is a
    person who has a physical or mental impairment that
    substantially limits one or more major life activities,
    has a record of such an impairment, or is regarded as
    having such an impairment. Major life activities are
    activities that an average person can perform with
    little or no difficulty such as walking, breathing,
    seeing, hearing, speaking, learning, and working.

  Qualified Individual with a Disability
    A qualified employee or applicant with a disability is
    someone who satisfies skill, experience, education, and
    other job-related requirements of the position held or
    desired, and who, with or without reasonable
    accommodation, can perform the essential functions of
    that position.

  Reasonable Accommodation
    Reasonable accommodation may include, but is not limited
    to, making existing facilities used by employees readily
    accessible to and usable by persons with disabilities;
    job restructuring; modification of work schedules;
    providing additional unpaid leave; reassignment to a
    vacant position; acquiring or modifying equipment or
    devices; adjusting or modifying examinations, training
    materials, or policies; and providing qualified readers
    or interpreters. Reasonable accommodation may be
    necessary to apply for a job, to perform job functions,
    or to enjoy the benefits and privileges of employment
    that are enjoyed by people without disabilities. An
    employer is not required to lower production standards
    to make an accommodation. An employer generally is not
    obligated to provide personal use items such as
    eyeglasses or hearing aids.

  Undue Hardship
    An employer is required to make a reasonable
    accommodation to a qualified individual with a
    disability unless doing so would impose an undue
    hardship on the operation of the employer's business.
    Undue hardship means an action that requires significant
    difficulty or expense when considered in relation to
    factors such as a business' size, financial resources,
    and the nature and structure of its operation.

  Prohibited Inquiries and Examinations
    Before making an offer of employment, an employer may
    not ask job applicants about the existence, nature, or
    severity of a disability. Applicants may be asked about
    their ability to perform job functions. A job offer may
    be conditioned on the results of a medical examination,
    but only if the examination is required for all entering
    employees in the same job category. Medical examinations
    of employees must be job-related and consistent with
    business necessity.

  Drug and Alcohol Use
    Employees and applicants currently engaging in the
    illegal use of drugs are not protected by the ADA, when
    an employer acts on the basis of such use. Tests for
    illegal use of drugs are not considered medical
    examinations and, therefore, are not subject to the
    ADA's restrictions on medical examinations. Employers
    may hold individuals who are illegally using drugs and
    individuals with alcoholism to the same standards of
    performance as other employees.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 made major changes in the federal
laws against employment discrimination enforced by EEOC. Enacted
in part to reverse several Supreme Court decisions that limited
the rights of persons protected by these laws, the Act also
provides additional protections. The Act authorizes compensatory
and punitive damages in cases of intentional discrimination, and
provides for obtaining attorneys' fees and the possibility of
jury trials. It also directs the EEOC to expand its technical
assistance and outreach activities.

Employers And Other Entities Covered By EEO Laws

IV. Which Employers and Other Entities Are Covered by These Laws?

Title VII and the ADA cover all private employers, state and
local governments, and education institutions that employ 15 or
more individuals. These laws also cover private and public
employment agencies, labor organizations, and joint labor
management committees controlling apprenticeship and training.

The ADEA covers all private employers with 20 or more employees,
state and local governments (including school districts),
employment agencies and labor organizations.

The EPA covers all employees who are covered by the Federal Wage
and Hour Law (the Fair Labor Standards Act). Virtually all
employers are subject to the provisions of this Act.

Title VII, the ADEA, and the EPA also cover the federal
government. In addition, the federal government is covered by
Section 501 of the Rehabilitation Act of 1973, as amended, which
incorporates the requirements of the ADA. However, different
procedures are used for processing complaints of federal
discrimination. For more information on how to file a complaint
of federal discrimination, contact the EEO office of the federal
agency where the alleged discrimination occurred.

The EEOC'S Charge Processing Procedures

V. 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 the 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.

VI. How Is a Charge of Discrimination Filed?

  * A charge may be filed by mail or in person at the nearest
    EEOC office. Individuals may consult their local telephone
    directory (U.S. Government listing) or call 1-800-669-4000
    (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC
    office for more information on specific procedures for
    filing a charge.

  * 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.

VII. 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).

VIII. 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.

IX. 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. The EEOC refers
to these agencies as "Fair Employment Practices Agencies
(FEPAs)." Through the use of "work sharing agreements," the 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 the EEOC and also is covered by
    state or local law, the EEOC "dual files" the charge with
    the state or local FEPA, but ordinarily retains the charge
    for handling.

X. What Happens After a Charge Is Filed With the EEOC?

The employer is notified that the charge has been filed. From
this point there are a number of ways a charge may be handled:

  * A charge may be assigned for priority investigation if the
    initial facts appear to support a violation of law. When the
    evidence is less strong, the charge may be assigned for
    follow up investigation to determine whether it is likely
    that a violation has occurred.

    * EEOC can seek to settle a charge at any stage of the
      investigation if the charging party and the employer
      express an interest in doing so. If settlement efforts are
      not successful, the investigation continues.

    * In investigating a charge, EEOC may make written requests
      for information, interview people, review documents, and,
      as needed, visit the facility where the alleged
      discrimination occurred. When the investigation is
      complete, EEOC will discuss the evidence with the charging
      party or employer, as appropriate.

  * The charge may be selected for EEOC's mediation program if
    both the charging party and the employer express an interest
    in this option. Mediation is offered as an alternative to a
    lengthy investigation. Participation in the mediation
    program is confidential, voluntary, and requires consent
    from both charging party and employer. If mediation is
    unsuccessful, the charge is returned for investigation.

  * A charge may be dismissed at any point if, in the agency's
    best judgment, further investigation will not establish a
    violation of the law. A charge may be dismissed at the time
    it is filed, if an initial in-depth interview does not
    produce evidence to support the claim. When a charge is
    dismissed, a notice is issued in accordance with the law
    which gives the charging party 90 days in which to file a
    lawsuit on his or her own behalf.

XI. How Does EEOC Resolve Discrimination Charges?

  * If the evidence obtained in an investigation does not
    establish that discrimination occurred, this will be
    explained to the charging party. A required notice is then
    issued, closing the case and giving the charging party 90
    days in which to file a lawsuit on his or her own behalf.

  * If the evidence establishes that discrimination has
    occurred, the employer and the charging party will be
    informed of this in a letter of determination that explains
    the finding. EEOC will then attempt conciliation with the
    employer to develop a remedy for the discrimination.

  * If the case is successfully conciliated, or if a case has
    earlier been successfully mediated or settled, neither EEOC
    nor the charging party may go to court unless the
    conciliation, mediation, or settlement agreement is not
    honored.

  * If EEOC is unable to successfully conciliate the case, the
    agency will decide whether to bring suit in federal court.
    If EEOC decides not to sue, it will issue a notice closing
    the case and giving the charging party 90 days in which to
    file a lawsuit on his or her own behalf. In Title VII and
    ADA cases against state or local governments, the Department
    of Justice takes these actions.

XII. When Can an Individual File an Employment Discrimination
Lawsuit in Court?

A charging party may file a lawsuit within 90 days after
receiving a notice of a "right to sue" from EEOC, as stated
above. Under Title VII and the ADA, a charging party also can
request a notice of "right to sue" from EEOC 180 days after the
charge was first filed with the Commission, and may then bring
suit within 90 days after receiving this notice. Under the ADEA,
a suit may be filed at any time 60 days after filing a charge
with EEOC, but not later than 90 days after EEOC gives notice
that it has completed action on the charge.

Under the EPA, a lawsuit must be filed within two years (three
years for willful violations) of the discriminatory act, which
in most cases is payment of a discriminatory lower wage.

XIII. What Remedies Are Available When Discrimination Is Found?

The "relief" or remedies available for employment
discrimination, whether caused by intentional acts or by
practices that have a discriminatory effect, may include:

  * back pay,

  * hiring,

  * promotion,

  * reinstatement,

  * front pay,

  * reasonable accommodation, or

  * other actions that will make an individual "whole" (in the
    condition s/he would have been but for the discrimination).

Remedies also may include payment of:

  * attorneys' fees,

  * expert witness fees, and

  * court costs.

Under most EEOC-enforced laws, compensatory and punitive damages
also may be available where intentional discrimination is found.
Damages may be available to compensate for actual monetary
losses, for future monetary losses, and for mental anguish and
inconvenience. Punitive damages also may be available if an
employer acted with malice or reckless indifference. Punitive
damages are not available against state or local governments.

In cases concerning reasonable accommodation under the ADA,
compensatory or punitive damages may not be awarded to the
charging party if an employer can demonstrate that "good faith"
efforts were made to provide reasonable accommodation.

An employer may be required to post notices to all employees
addressing the violations of a specific charge and advising them
of their rights under the laws EEOC enforces and their right to
be free from retaliation. Such notices must be accessible, as
needed, to persons with visual or other disabilities that affect
reading.

The employer also may be required to take corrective or
preventive actions to cure the source of the identified
discrimination and minimize the chance of its recurrence, as
well as discontinue the specific discriminatory practices
involved in the case.

The Commission

XIV. What Is the EEOC and How Does It Operate?

EEOC is an independent federal agency originally created by
Congress in 1964 to enforce Title VII of the Civil Rights Act of
1964. The Commission is composed of five Commissioners and a
General Counsel appointed by the President and confirmed by the
Senate. Commissioners are appointed for five-year staggered
terms; the General Counsel's term is four years. The President
designates a Chairman and a Vice-Chairman. The Chairman is the
chief executive officer of the Commission. The Commission has
authority to establish equal employment policy and to approve
litigation. The General Counsel is responsible for conducting
litigation.

EEOC carries out its enforcement, education and technical
assistance activities through 50 field offices serving every
part of the nation.

The nearest EEOC field office may be contacted by calling:
1-800-669-4000 (voice) or 1-800-669-6820 (TTY).

Information And Assistance Available From EEOC

XV. What Information and Other Assistance Is Available from EEOC?

EEOC provides a range of informational materials and assistance
to individuals and entities with rights and responsibilities
under EEOC-enforced laws. Most materials and assistance are
provided to the public at no cost. Additional specialized
training and technical assistance are provided on a fee basis
under the auspices of the EEOC Education, Technical Assistance,
and Training Revolving Fund Act of 1992. For information on
educational and other assistance available, contact the nearest
EEOC office by calling: 1-800-669-4000 (voice) or 1-800-669-6820
(TTY).

Publications available at no cost include posters advising
employees of their EEO rights, and pamphlets, manuals, fact
sheets, and enforcement guidance on laws enforced by the
Commission. For a list of EEOC publications, or to order
publications, write, call, or fax:

               U.S. Equal Employment Opportunity Commission
               Publications Distribution Center
               P.O. Box 12549
               Cincinnati, Ohio  45212-0549
               1-800-669-3362 (voice)
               1-800-800-3302 (TTY)
               513-489-8692 (fax)

Telephone operators are available to take orders (in English or
Spanish) from 8:30 a.m. to 5:00 p.m. (EST), Monday through
Friday. Orders generally are mailed within 48 hours after
receipt.

Information about the EEOC and the laws it enforces also can be
found at the following internet address: http://www.eeoc.gov.

This pamphlet is available in braille, large print, audiotape,
and electronic file on computer disk. Other EEOC publications
are available in accessible formats on request. Requests to
obtain accessible formats should be directed to the Publications
Distribution Center.

This page was last modified on December 10, 1998.

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