Federal Equal Opportunity Employment

An assortment of Federal Acts that have been put into place that makes workplace discrimination and harassment unlawful if it is based on race, color, age (over 40), sex, pregnancy, religion, disability, national origin, ethnic background, genetic information (including that of family members), military service, or citizenship or immigration status. 

The effect of these Acts is that an employer may not discriminate based on an employee's inclusion in one of these protected classes. Each of these various laws requires an employer to avoid and prevent discrimination in all aspects of employment. This includes, but is not limited to, hiring, work assignments, benefits, wages, bonuses, promotions, discipline, and termination. The Acts also require an affirmative effort to accommodate religion and disability in the workplace. The Acts that define equal employment, and the employee count at which they become applicable, are as follows:

• The Equal Pay Act of 1963 (Equal Pay Act, 15+ employees);
• The Civil Rights Act of 1964, as amended by The Civil Rights Act of 1991 (Title VII, 15+ employees);
• The Age Discrimination in Employment Act of 1967 (ADEA, 20+ employees);
• The Pregnancy Discrimination Act of 1978 (PDA, 15+);
• The Immigration Reform and Control Act of 1986 (IRCA, 4+);
• The Americans with Disabilities Act of 1990 (ADA, 15+); 
• The Uniformed Services Employment and Reemployment Act of 1994 (USERRA, 1+); and
• The Genetic Information Nondiscrimination Act of 2008 (GINA, 15+).

The best way to avoid discrimination is to base employment decisions only on factors that are job-related. Employers should have written policies prohibiting discrimination and should provide a procedure for employees to report violations of these policies. Managers and supervisors should be trained on these policies and procedures. Complaints should be promptly and carefully investigated by the employer, and appropriate disciplinary action should be taken if the complaints are substantiated. Employers who fail to act to prevent and promptly remedy discrimination expose themselves to substantial liability.

Sex

The Equal Employment Opportunity Commission (EEOC) interprets sex to include sexual orientation and gender identity, and the 7th Circuit Court of Appeals (which controls Illinois, Indiana, and Wisconsin) has ruled that sex includes sexual orientation. We recommend that all employers behave as if sex includes both sexual orientation and gender identity due to the changing legal landscape and risk of expensive litigation.

Age

The EEOC has indicated that employers may favor older employees over younger employees. However, if an employment practice adversely affects older workers (even if unintentionally), the employer must show that the policy is based on reasonable factors other than age. 

Additional Laws

Here is a comprehensive list of the other labor law standards set by federal Equal Employment Opportunity Laws:

• ADA Regulations and Service Animals
• Citizenship Issues
• Equal Pay Issues
• Harassment
• Retaliation