Overview of Anti-discrimination Laws Enforceable by Private Litigation

Vocabulary flashcards summarizing anti-discrimination employment laws, citations, protected categories, enforcement agencies, limitations, liability theories, and remedies.

Title VII (of Civil Rights Act of 1964)

A federal law cited under 42 USC §2000e et seq. protecting race, color, religion, sex, and national origin. Enforced by the EEOC with administrative exhaustion required (180/300/90 days). Theories of liability include intentional (treatment), unintentional (impact), harassment, retaliation, and accommodation (religion only). Remedies include injunction, reinstatement, back pay, front pay, compensatory (including emotional distress) and punitive damages limited by statutory damages caps, and attorneys fees.

ADEA (Age Discrimination in Employment Act of 1967)

A federal law cited under 29 USC § 621 et seq. protecting individuals Age-40 and older. Enforced by the EEOC (formerly DOL until 1979) with administrative exhaustion required (180/300/90 days). Theories of liability match Title VII, including accommodation. Remedies include injunction, reinstatement, back pay, front pay, liquidated damages (back pay doubled for willful violation), and attorneys fees.

ADA (Americans with Disabilities Act of 1990)

A federal statute cited under 42 USC §12101 et seq. protecting individuals with a disability. Enforced by the EEOC (also DOJ, DOT) with administrative exhaustion required (180/300/90 days). Liability theories mirror Title VII including accommodation, and remedies incorporate Title VII remedies.

Equal Pay Act of 1963

A law cited under 29 USC §206(d) protecting against sex discrimination in wages for equal work. Enforced by the EEOC (formerly DOL) with no administrative exhaustion requirement. Remedies include back pay, liquidated damages (back pay doubled unless employer shows good faith), and attorneys fees.

Vocational Rehabilitation Act of 1973

A statute cited under 29 USC §§ 706, 791, 793-94a protecting individuals with a disability. Enforced by the DOL (EEOC) with no administrative exhaustion required (No). Liability theories track Title VII including accommodation, and remedies incorporate Title VII remedies.

Family and Medical Leave Act of 1993

A law cited under 29 USC §2601 et seq. protecting employees with families against denial of statutorily covered leave. Enforced by the DOL with no administrative exhaustion required. Remedies include back pay or actual monetary losses, liquidated damages (back pay/actual losses doubled unless employer shows good faith), and attorneys fees.

Section 1981 (Civil Rights Acts of 1866, 1870)

A civil rights law cited under 42 USC § 1981 protecting against intentional discrimination in contractual relations—including employment—based on race. Has no enforcing agency or administrative exhaustion requirement (4 years limitations under 28 USC 1658). Remedies include injunction, compensatory and punitive damages with no caps, individual liability, and attorneys fees.

Section 1983 (Civil Rights Act of 1871)

A statute cited under 42 USC §1983 covering violations of civil rights by a state actor for any category protected by constitution or statute. Has no enforcing agency or administrative exhaustion requirement (uses analogous state statute of limitations). Remedies include injunction, compensatory and punitive damages with no caps, individual liability, and attorneys fees.

US Constitution (1st, 5th, and 14th Amendments in Employment)

Constitutional protections covering religion and speech activities (1st Amendment) and various classifications including race, sex, alienage, and due process (5th and 14th Amendments). Prohibits intentional discrimination in employment by a governmental entity. Has no enforcing agency or administrative exhaustion requirement, follows analogous state statutes of limitations, and remedies are pursued via a §1983 or Bivens action.

State and Local Anti-discrimination Statutes

State and local statutes with various citations protecting various categories. Enforced by State FEP/"deferral" agencies with administrative exhaustion required. Theories of liability generally track federal statutes, and remedies vary.