February 01, 2016
The following are the major federal anti-discrimination laws:
Title VII of the Civil Rights Act of 1964 (Title VII). Title VII is probably the best known of the federal anti-discrimination laws. It governs the employment practices of most public and private employers, prohibiting employment discrimination based on race, color, religion, sex (including pregnancy), and national origin.
Title VII applies to private employers and governmental agencies with 15 or more employees in each of the 2 0 consecutive calendar weeks of the current or preceding year. Individual supervisors and managers are not considered liable under Title VII and thus cannot be held personally liable for their own discriminatory acts. They may, however, be liable under state law.
The Civil Rights Act of 1866 (Section 1981). The Civil Rights Act of 1866, sometimes known as Section 1981, generally requires equal treatment for all persons without regard to race or color. It has also been held to prohibit discrimination based on ancestry or ethnic characteristics. It does not apply to discrimination based on sex, religion, or age.
Section 1981 has generally been interpreted to be consistent with the requirements of Title VII, but there are some differences between the two laws. Unlike Title VII, which only applies to employers of 15 or more employees, Section 1981 applies to all employers, and there is no requirement that a charge be filed before employees immediately pursue their claims in federal court. There is a four year statute of limitations on Section 1981 claims, rather than the shorter filing deadline under Title VII.
Americans with Disabilities Act (ADA). The ADA is a federal law prohibiting employment discrimination against people with disabilities who are able to perform the essential function of a job with or without reasonable accommodation. The ADA applies to employers with 15 or more employees. Congress amended this law, effective January 1, 2009, and considerably broadened the definition of the term “disability.” After that Act, far more persons are considered “disabled” under this law.
Rehabilitation Act of 1973. The Rehabilitation Act of 1973 is similar to the Americans with Disabilities Act. It applies to all federal agencies and employers doing business under certain federal contracts.
Age Discrimination in Employment Act (ADEA). The ADEA prohibits employment discrimination against people 40 or over. The ADEA prohibits discrimination against those over 40 in favor of younger people and it prohibits discrimination within the over-40 age group.
The ADEA applies to private employers with 20 or more employees for each working day in 20 consecutive calendar weeks of the current or preceding year.
Older Workers’ Benefit Protection Act (OWBPA). The OWBPA amends the ADEA. It gives older workers protection with respect to waiver and release agreements and prohibits discrimination in the administration of employee benefit plans.
Equal Pay Act. The Equal Pay Act is an amendment to the Fair Labor Standards Act that prohibits paying different wages to employees of different sexes who perform equal work under similar conditions.
Uniformed Services Employment and Re-employment Rights Act. The Uniformed Services Employment and Re-employment Rights Act (USERRA) established employment and re-employment rights for uniformed service members and requires employers to re-employ returning service members, prohibits discrimination based on military service, and preserves the workers’ seniority and other benefits. Employees’ rights under USERRA extend for five years, although there are many exceptions to the rule. When they return from military service, the workers must be re-employed with the same seniority, status, and pay, as well as other rights and benefits determined by seniority, that they would have attained but for military service. Employers must treat re-employed workers as if they had not incurred a break in service for purposes of maintaining a pension plan. Military service is considered service with the employer for purposes of vesting and benefit accrual. The law provides that workers who served for 181 days or more can be fired only “for cause” during their first year back on the job. If the returning employees need training to refresh or upgrade skills, the employer must make a reasonable effort to train them to re-qualify for the job. Where the employees cannot qualify for their old jobs, the employer must place them in alternative positions. An employer does not have to reemploy a worker if circumstances have changed so much that re-employment would be impossible, unreasonable, or would impose an undue hardship.
Individuals who perform military duty for more than 30 days may continue on employer-sponsored health care for up to 18 months. For military service of less than 31 days, employers are required to maintain healthcare coverage as if the service member had remained employed.