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Students: Since you are considering what discrimination laws to adopt for Paper No. 3, here is a quick guide below to federal discrimination laws with summaries of jurisdiction and coverage. Remember that in the paper, you are a national retailer, so all of these would apply to your company. Professor Laurie You can cite this material as: Ricardo Joseph Alexander Pitts-Wiley, “A Quick Guide to the Laws the EEOC has jurisdiction Over”, www.avvo.com, March 11, 2011 I.WHAT IS THE EEOC? The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It also protects from discrimination because a person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. A. OVERVIEW OF PURPOSE The EEOC’s purpose is to ensure a “strong and prosperous nation secured through a fair and inclusive workplace.” [i] In pursuit of this purpose, the EEOC actively promotes equality of opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. B. AUTHORITY OF LAW The EEOC has the legal authority to investigate charges of discrimination against employers who are covered by the law. Its role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If the EEOC finds that discrimination has occurred, it will try to settle the charge. [ii] If those attempts aren’t successful, it then has the authority to file a lawsuit to protect the rights of individuals and the interests of the public. The EEOC does not, however, file lawsuits in all cases where it finds discrimination. [iii] The EEOC pursues action against discriminatory employees under the following federal laws. 1. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 [iv] This law (Title VII) makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business. 2. THE PREGNANCY DISCRIMINATION ACT [v] This law (PDA) amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 3. THE EQUAL PAY ACT OF 1963 [vi] This law (EPA) makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 4. THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 [vii] This law (ADEA) protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 5. THE AMERICANS WITH DISABILITIES ACT OF 1990 [viii] Title I of this law (ADA) makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business. 6. CIVIL RIGHTS ACT OF 1991 [ix] Among other things, sections 102 and 103 of this law (CRA) amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases. 7. THE REHABILITATION ACT OF 1973 [x] Sections 501 and 505 of this law (RA) makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law further requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business. 8. THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 [xi] This law (GINA) makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members (i.e. an individual’s family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. [i] U.S. Equal Employment Opportunity Commission, About EEOC, http://www.eeoc.gov/eeoc/ (last visited January 14, 2011). [ii] U.S. Equal Employment Opportunity Commission, About EEOC, http://www.eeoc.gov/eeoc/ (last visited January 14, 2011). [iii] Id. [iv] 42 U.S.C. § 2000 et seq. [v] 42 U.S.C. § 2000e(k). [vi] 29 U.S.C § 206(d). [vii] 29 U.S.C. § 621 et seq. [viii] 42 U.S.C. § 12101 et seq. [ix] Pub. L. 102-166. [x] 29 U.S.C. § 701 et seq. [xi] 42 U.S.C. § 2000ff et seq.

Students: Since you are considering what discrimination laws to adopt for Paper No. 3, here is a quick guide below to federal discrimination laws with summaries of jurisdiction and coverage. Remember that in the paper, you are a national retailer, so all of these would apply to your company. Professor Laurie You can cite this material as:

Ricardo Joseph Alexander Pitts-Wiley, “A Quick Guide to the Laws the EEOC has jurisdiction Over”, www.avvo.com, March 11, 2011 I.WHAT IS THE EEOC?

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It also protects from discrimination because a person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. A. OVERVIEW OF PURPOSE The EEOC’s purpose is to ensure a “strong and prosperous nation secured through a fair and inclusive workplace.” [i] In pursuit of this purpose, the EEOC actively promotes equality of opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. B. AUTHORITY OF LAW The EEOC has the legal authority to investigate charges of discrimination against employers who are covered by the law. Its role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If the EEOC finds that discrimination has occurred, it will try to settle the charge. [ii] If those attempts aren’t successful, it then has the authority to file a lawsuit to protect the rights of individuals and the interests of the public. The EEOC does not, however, file lawsuits in all cases where it finds discrimination. [iii]

The EEOC pursues action against discriminatory employees under the following federal laws. 1. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 [iv] This law (Title VII) makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

2. THE PREGNANCY DISCRIMINATION ACT [v] This law (PDA) amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

3. THE EQUAL PAY ACT OF 1963 [vi] This law (EPA) makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

4. THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 [vii] This law (ADEA) protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

5. THE AMERICANS WITH DISABILITIES ACT OF 1990 [viii] Title I of this law (ADA) makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.

6. CIVIL RIGHTS ACT OF 1991 [ix] Among other things, sections 102 and 103 of this law (CRA) amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

7. THE REHABILITATION ACT OF 1973 [x] Sections 501 and 505 of this law (RA) makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law further requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.

8. THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 [xi] This law (GINA) makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members (i.e. an individual’s family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. [i] U.S. Equal Employment Opportunity Commission, About EEOC, http://www.eeoc.gov/eeoc/ (last visited January 14, 2011). [ii] U.S. Equal Employment Opportunity Commission, About EEOC, http://www.eeoc.gov/eeoc/ (last visited January 14, 2011). [iii] Id. [iv] 42 U.S.C. § 2000 et seq. [v] 42 U.S.C. § 2000e(k). [vi] 29 U.S.C § 206(d). [vii] 29 U.S.C. § 621 et seq. [viii] 42 U.S.C. § 12101 et seq. [ix] Pub. L. 102-166. [x] 29 U.S.C. § 701 et seq. [xi] 42 U.S.C. § 2000ff et seq.

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