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 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).
Additional information about the enforcement of the CSRA
may be found on the OPM web site at http://www.opm.gov/er/address2/guide01.htm;
from OSC at (202) 653-7188 or at http://www.osc.gov; and from MSPB at (202) 653-6772
or at http://www.mspb.gov .
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.
Note: Many states and municipalities also have enacted protections
against discrimination and harassment based on sexual orientation,
status as a parent, marital status and political affiliation.
For information, please contact the EEOC District Office nearest
you.
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 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) or at http://www.usdoj.gov/crt/osc.
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, including
same sex harassment. (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 or at http://www.dol.gov/esa/public/whd_org.htm.
Age Discrimination in Employment Act
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
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.
Titles I and V of the Americans with Disabilities
Act
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 employers 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 Sections 501
and 505 of the Rehabilitation Act of 1973, as amended, which incorporate
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 CSRA (not enforced by EEOC) covers most federal agency employees
except employees of a government corporation, the Federal Bureau
of Investigation, the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, and as determined
by the President, any executive agency or unit thereof, the principal
function of which is the conduct of foreign intelligence or counterintelligence
activities, or the General Accounting Office.
The EEOC'S Charge Processing Procedures
Federal employees or applicants for employment should see the
fact sheet about Federal Sector Equal Employment
Opportunity Complaint Processing.
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
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.
- Federal employees or applicants for employment should see
the fact sheet about Federal Sector Equal
Employment Opportunity Complaint Processing.
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).
- Federal employees or applicants for employment should see
the fact sheet about Federal Sector Equal
Employment Opportunity Complaint Processing.
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.
- Federal employees or applicants for employment should see
the fact sheet about Federal Sector Equal
Employment Opportunity Complaint Processing.
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. 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.
X. What Happens after a Charge
is Filed with 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 nterest
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.
- Federal employees or applicants for employment should see
the fact sheet about Federal Sector Equal
Employment Opportunity Complaint Processing.
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.
- Federal employees or applicants for employment should see
the fact sheet about Federal Sector Equal
Employment Opportunity Complaint Processing.
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.
Federal employees or applicants for employment should see the
fact sheet about Federal Sector Equal Employment
Opportunity Complaint Processing.
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 the federal, 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 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 Chair and a Vice-Chair. The Chair 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)
Source: The U.S. Equal Employment Opportunity
Commission
EEOC
- Employment Descrimination
