Below are a list and a brief summary of each law/regulation/statute that governs the basis of evaluation and selection decisions in a search and selection process. Please review and use this as a guide throughout your process. Please contact an Employment Specialist or AAEEO with any questions.
The basic federal law expressing national policy to prohibit discrimination on the basis of race, color, national origin, religion, or sex in all aspects of employment and by all organizations with 15 or more employees. The effect of Title VII is to establish groups of people who are “protected” from unfair employment practices. Title VII prohibits discrimination in hiring, discharge, compensation and all other terms, conditions, and privileges of employment. This law prohibits retaliation against employees or applicants for bringing complaints forward or filing charges with regulatory agencies. Note: The prohibition against retaliation also applies to other employment rights laws, such as the ADA and ADEA.)
The ADEA was passed by Congress to promote the employment of older workers based on ability rather than age. The Act makes it unlawful to fail or refuse to hire or to discharge any person 40 years or older or to otherwise discriminate on the basis of age in compensation or other terms, conditions or privileges of employment. The ADEA applies to employers with 20 or more employees, including state and local governments. It is administered by the EEOC.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity operated by recipients of federal funds. Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability by public entities, regardless of whether they receive federal financial assistance.
Examples of the types of discrimination prohibited include inequitable access to educational programs and facilities, denial of a free appropriate public education for elementary and secondary students, and refusal to implement or inappropriate implementation of academic adjustments in higher education.
VEVRA protects persons who served in the military during the Vietnam War, and certain disabled veterans, from employment discrimination. Employers with federal contracts or subcontracts of $10,000 or more must list job vacancies with state employment services and comply with reporting requirements. The law requires federal contractors and subcontractors to take affirmative action to employ and advance disabled and Vietnam Era veterans.
The ADA applies to employers with 15 or more employees and prohibits discrimination against disabled employees and applicants for employment. Disabled employees/applicants must be otherwise qualified and must be able to perform the essential functions of the job with or without reasonable accommodations.
This Act amended the ADA by over-ruling judicial interpretations in the courts since the original ADA was passed. The amendments:
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Expand the definition of “disability”
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Ignore “mitigating measures”, such as medications, that were previously considered in determining if an individual met the definition of being disabled
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Liberally construe who is “regarded as” being disabled
The amendments also establish a list of major life activities and include major bodily functions in the definition of major life activities.
Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.
This Act overturned regulatory guidance that required compensation discrimination charges to be filed within 180 days of a discriminatory decision. It also supersedes the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber which upheld this guidance, ruling that a compensation discrimination charge must be filed within 180 days of a discriminatory pay-setting decision.
Under the Act, an individual subjected to compensation discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, or the Americans with Disabilities Act of 1990 may file a charge within 180 days of:
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The discriminatory compensation decision or when other discriminatory practices affecting compensation are adopted;
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When the individual becomes subject to a discriminatory compensation decision; or
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When the individual’s compensation is affected by the application of a discriminatory compensation decision or other discriminatory practice, including each time the individual receives compensation that is based in whole or part on such compensation decision or other practice.
In summary, it essentially “restarts” the 180-day period with each pay check/action.
