CIVIL RIGHTS AND EQUAL EMPLOYMENT LAWS

AFFECTING FEDERAL SERVICE

 




THE EQUAL PAY ACT OF 1963

This law prohibits paying workers of one sex at a rate that is different from that paid to the other sex when the work is the same. This prohibition also covers fringe benefits, overtime, sick and vacation leave, insurance, profit sharing and just about any tangible form of compensation that can be identified. This act was clearly designed to offset the traditional practices of paying women less than men for the same work.



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THE CIVIL RIGHTS ACT OF 1964 (TITLE VII)

This law prohibits discrimination in employment on the basis of race, color, sex, religion or national origin. This law was:

  • amended by the EEO Act of 1972 to cover Federal, state and local government.

  • amended by Public Law 95-555 to expand the terms "because of sex" or "on the basis of sex" to include pregnancy, childbirth, and related medical conditions.

This is the flagship in the fleet of EEO and civil rights laws and regulations. Any meaningful changes in basic EEO requirements will, in all likelihood, be considered in terms of the provisions of this Act.


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THE EEO ACT OF 1972 (PUBLIC LAW 92-261)

This law amended the Civil Rights Act of 1964 to include Federal, city and local employment under the provisions of Title VII of the act. As a result, civil suits can now be filed against the Federal government by individuals alleging discriminatory treatment.

The act also established the requirement that Federal agencies maintain affirmative employment programs by developing affirmative employment plans to ensure enforcement of Federal equal employment opportunity policy.



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AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967

This law prohibits discrimination on the basis of age against persons between the ages of 40 and 70 except in the Federal government where there is no upper age limit and the law applies to all persons 40 and above (based upon a 1978 amendment).


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THE REHABILITATION ACT OF 1973

This law prohibits discrimination in employment on the basis of handicap (physical or mental). It requires reasonable accommodation efforts and affirmative action to employ and advance qualified handicapped individuals.

In 1986, Congress reauthorized the Rehabilitation Act of 1973, mandating that all electronic office equipment brought or leased by the federal government after September 30, 1988, be accessible to disabled end users who need the equipment.



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THE CIVIL SERVICE REFORM ACT OF 1978

Title III of this law requires each Federal agency to implement special recruitment programs to eliminate underrepresentation of minorities and women in the Federal workforce.

It establishes diversity in the Federal workforce as a requirement to be met in order to ensure that

"... THE NATION'S WORKFORCE REFLECTS THE DIVERSITY OF THE NATION AS A WHOLE."

This law also changed lead responsibility for EEO matters from the Office of Personnel Management (OPM) to the Equal Employment Opportunity Commission (EEOC).