Federal Employment Legislation and Case Law

Executive Order 11246 AAP

Covers minorities and women and is required if an establishment has more than 50 employees and has a government contract of at least $50,000

Vietnam Era Veterans’ Readjustment Assistance Action (VEVRAA) of 1974

Covers protected veterans and is required if an establishment has 50+ employees and has a government contract of at least $150,000 and must take affirmative action to employ and advance in employment qualified protected veterans.

Section 503 of Rehabilitation Act of 1973

Covers individuals with disabilities and is required if the establishment has 50+ employees and the government contract is $50,000

Age Discrimination in Employment Act of 1967 (ADEA)

Prohibits discrimination against people 40 years of older in employment activities. Applies to employers with 20+ employees.

Exceptions to the ADEA

Bona fide occupational positions (bus driver, pilot)

Firefighters or police officers

Retirement of employees who are older than 65 and are in executive positions for at least 2 years and are eligible for retirement benefits of at least $44,000

Retirement of tenured employees at higher education at age 70

Discharge or discipline for just cause

Older Worker Benefit Protection Act Amendment to the ADEA

Amendment to the ADEA in 1990 - prohibition on discrimination against older workers in all employee benefit plans

American with Disabilities Act of 1990 (ADA)

prohibits discrimination against people with disabilities and is required if the employer has 15+ employees

two areas of reasonable accommodation employers must provide:

access to facilities

position requirements may be adjusted to accommodate qualified persons with disabilities

Undue hardship

An accommodation that places excessive burden on the employer

If an accommodation creates undue hardship, then an employer does not have to provide it

ADA Interactive Process

Once the employer becomes aware of the need for accommodation:

1. Employer and employee engage in discussion

2. Define limitations

3. Explore accommodation

4. Select effective accommodation

Employer does not have to provide:

the employee’s preferred accommodation

an accommodation that causes undue hardship

Title VII of The Civil Rights Act of 1964

Employers cannot discriminate based on race, color, religion, sex, and national origin

Applies to establishments with 15+ employees

Disparate Treatment

Intentional discrimination based on a protected class

“Refusing to hire women in management roles”

Disparate Impactt

Unintentional discrimination that is harmful to a protected class

“Applicants for a firefighter position must be 5’10”

Screens out Asian and women candidates

Bona Fide Occupational Qualification (BFOQ)

A narrow exception allowing discrimination when a characteristic is essential to the job

“Only hiring female employees as a women locker room attendant”

Equal Opportunity Act of 1972

EEOC is able to sue nongovernmental entities, including employers, unions, and government agencies

Extended coverage of Title VII to:

State institutions

State and local governments

Federal government

Pregnancy Discrimination Act of 1978

Discrimination against women in the basis of pregnancy, childbirth, or any other related medical condition is considered an unlawful employment practice.

Pregnant employees should receive the same treatment and benefits as someone with a short term disability

Pregnant Worker Fairness Act (PWFA)

Required employers to provide reasonable accommodations to workers affected by pregnancy, childbirth, or any other related medical conditions unless it caused undue hardship

Difference between Pregnancy Act of 1978 and Pregnant Workers Fairness Act

Pregnancy Discrimination Act focused on discrimination while Pregnant Workers Fairness Act emphasized reasonable accommodations similar to those with a disability under ADA