Legal Requirements for Enforcement:
Federal Laws, State Laws, Executive Orders

A number of federal and state laws and regulations govern University practices. The following federal laws and executive orders are briefly summarized according to general requirements, scope, and responsible enforcing agency.

Regulation

Description

Violation

Civil Rights Act of 1866

Gives all persons the same contractual rights. (Section 1981 of the Act).

Violation could be used to redress employment discrimination based on race, alienage, and national origin.

The Equal Pay

Act of 1963 Makes it unlawful to pay wages to members of one sex at a rate lower than that paid members of the other sex for equal work on jobs that require equal skill,effort, and responsibility under similar working conditions in the same establishment. Title IX of the Eduactional Amendments Act of 1972 extends the coverage to include executive, administrative, and professional employees, including school faculty (Equal Employment Opportunity Commission-EEOC).

Violation could result in raising wages and awarding back pay to underpaid workers.

Title VI of the Civil Rights Act of 1964 Amended by

Bars bias on the grounds of race, color, or national origin in all programs or activities that receive assistance, including grants, loans, or contracts, and other arrangements that provide federal benefits. Title VI prohibits discrimination on the basis of race in student admissions, access to courses and programs, and student policies. (Department of Education--DOE)

Violation could result in federal monies being terminated and any further federal benefits withheld.

Executive Order 11246 as 11375 (1967)

Forbids discrimination in employment on the basis of race, color, national origin, religion, or sex. In addition, Executive Order 11246 as amended requires businesses that contract with the Federal Government to agree, as a condition of their contracts, to develop an affirmative action program based on a self-analysis comparing the contractor's employment of minorities and women with the proportions of qualified minorities and women in the relevant available labor pool. Goals are developed for each job group in which there are fewer qualified minorities or fewer qualified
women than are estimated to be available in the labor pool, and timetables are projected for reaching the goals. (DOL)

Violation could result in termination of federal contracts.

The Age Discrimination in Employment Act of 1967, Age Discrimination Act of 1975, 1986 Amendments

Prohibits an employer from discriminating because of age against employees or applicants for employment who are 40 years of age or older. (EEOC)

Violation could result in personal or class action lawsuits being filed, as in Title VII violations.

Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972

Forbids discrimination on the basis of race, color, national origin, religion, or sex as a condition of employment or memberships by employer, employment agencies, and unions. Title VII established the Equal Employment Opportunity Commission (EEOC) but gave it no enforcement powers. The Equal Employment Act of 1972 amended Title VII to cover public and private educational institutions as well as state and local governments and applies to all employees, public or
private, whether or not they receive federal funds. (EEOC)

Violation of Title VII could result in personal or class action suits being filed.

Rehabilitation Act of 1973, Section 503 and Section 504

Requires federal contractors to take affirmative action to employ and promote qualified handicapped individuals and prohibits discrimination against handicapped persons in any program/activity receiving fed. financial assist. (DOE)

Violation could result in termination of federal contracts.

The Vietnam Era Veterans' Readjustment
Assistance Act of 1974

Requires employers with government contracts or sub contracts in excess of $10,000 to take affirmative action to employ and advance disabled veterans and veterans of the Vietnam era. (DOL)

Violation could result in termination of federal contracts.

Pregnancy Discrimination Act of 1978 (Amendment to Title VII)

Requires employers to treat women affected by pregnancy and related conditions the same as other applicants and employees on the basis of their ability or inability to fulfill the responsibilites of a position. The Act specifically provides that if any written or unwritten employment practices exclude from employment opportunities or employment any women because of pregnancy, childbirth, or related medical conditions, such policies will constitute a prima facia violation of Title VII. (EEOC)

Violation of Title VII could result in personal or class action suits being filed.

Americans with Disabilities Act of 1990

Prohibits discrimination against qualified individuals with disabilities in regard to job application procedures, hiring, advancement, compensation, job training, and other terms, conditions, and privelages of employment. (EEOC)

Violations could result in personal or class action suits being filed; remedies under both Title VII and ADA include hiring/reinstating with or without back pay, attorney fees.

Civil Rights Act of 1991

Amends Title VII, Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967. The Act stipulates any intentional discrimination (sex, race, national origin, religion, disability) is unlawful, specifies that the statute covers all forms of racial bias in employment, allows compensatory and/or punitive damages and allows a jury trial if damages are sought. (EEOC)

Violation could result in personal suits being filed; remedies include compensatory and/or punitive damages up to $300,000, recovery of attorney fees.