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Synopsis of Laws, Orders, and Regulations Requiring Equal Opportunity/Affirmative Action
- The Fifth Amendment, U.S. Constitution
provides that no
person may be deprived of life, liberty, or property without due process
of law.
- Fourteenth Amendment, U.S. Constitution
prohibits states
from denying any person the equal protection of the laws and from depriving
any person of life, liberty, or property without due process of law.
- Civil Rights Act of 1866
All persons within the United States
shall have the same right to make and enforce contracts free of racial
discrimination.
- Civil Rights Act of 1871
Every person who, under color of
any statute, causes the deprivation of any rights secured by federal
laws shall be liable to the person injured.
- The Equal Pay Act of 1963, as amended in 1974
makes it unlawful
to pay workers of one sex at a rate different from that paid the other
sex for the same work.
- Title VI of the Civil Rights Act of 1964
Prohibits discrimination
based on race, color or national origin in programs or activities receiving
federal financial assistance.
- Title VII of the Civil Rights Act of 1964
(as amended by
the Equal Employment Opportunity Act of 1972). Title VII prohibits discrimination
because of race, color, religion, sex or national origin, in any term,
condition or privilege of employment.
- Executive Order 11246 (as amended by Executive Order 11375) (1967)
and Revised Order #4 (1970).
This Order issued by the President
in 1965, required Affirmative Action Programs by all Federal contractors
and sub-contractors and requires that firms with contracts over $50,000
and 50 or more employees develop and implement written programs, which
are monitored by an assigned Federal compliance agency.
- Age Discrimination in Employment Act of 1967, as amended in 1978
makes it unlawful to discriminate against employees or job applicants
on account of age when they are between the ages of 40 and 70.
- Title I, Civil Rights Act of 1968
Criminal penalties for
interference with a person's civil rights, including employment, are
imposed by this law. The law applies to anyone who by force or threat
of force willfully injures, intimidates, or interferes with a person
because of race, color, religion, or national origin with respect to
exercised civil rights, and to one who attempts such interference.
- State and Local Fiscal Assistance Act of 1972
Requires non-discrimination
on the grounds of race, color, national origin, sex, age, handicap,
and religion in all programs and activities of state and local governments
receiving funds under the Act.
- Title IX of the Education Amendments of 1972
- This regulation
states that no person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity
receiving federal financial assistance.
- The Equal Employment Opportunity Act of 1972
- greatly strengthened
the powers and expanded the jurisdiction of the Equal Employment Opportunity
Commission (EEOC) in enforcement of this law.
- Veterans Assistance Act of 1972
- Requires affirmative action
to employ and advance in employment disabled veterans and veterans of
the Vietnam era.
- Rehabilitation Act of 1973, as amended in 1978, Section 503 and
504
- bars employment discrimination against handicapped persons
in federally assisted programs and requires affirmative action for the
handicapped.
- Intergovernmental Personnel Act of 1970, as amended in 1978
- Dictates that all aspects of employment be conducted in accord with
merit principles and that no one be denied equality of opportunity in
any phase of employment on the basis of race, color, religion, sex,
national original, political affiliation or opinion, age, or handicap
(except where age, sex, or handicap is a bona fide condition of employment.)
- Article 49B of the Annotated Code of Maryland, as amended in 1977
- Prohibits discrimination in all areas of employer/employee relationships
on the basis of race, color, religion, ancestry or national origin,
sex, age, marital status, or physical or mental handicap which is unrelated
in nature and extent to the performance of the employment, and to that
end to prohibit discrimination in employment by any person or employer.
- Section 12, Article 64A, of the Annotated Code of Maryland
- This act establishes under the auspices of the Secretary of Personnel
an equal opportunity program to assure that State Merit System employees
and applicants for State Merit System employees and applicants for State
Merit System employment are provided equal opportunity on the basis
of merit and fitness.
- State of Maryland Executive Order 01.01.1995.19 Code of Fair Employment
Practices
(Rescinds Executive Orders 01.01.1993.16 and 01.01.1980.16).
This University recognizes the State's obligation to provide a work
environment without discrimination on the basis of age, ancestry, color,
creed, marital status, mental or physical disability, national origin,
religious affiliation, belief or opinion, race, sex, sexual orientation,
or any other nonmerit factor. A Code of Fair Practices was promulgated
on December 9, 1970, by Executive Order 01.01.1970.15.
- Immigration Reform and Control Act of 1986 (IRCA)
- Requires
employers to prove all employees hired after November 6, 1986, are legally
authorized to work in the United States. IRCA also prohibits discrimination
based on national origin or citizenship.
- Americans with Disabilities Act of 1990
- Title I prohibits
private employers, state and local governments, employment agencies
and labor unions from discriminating against qualified individuals with
disabilities in job application procedures, hiring, firing, advancement,
compensation, job training, and other terms, conditions and privileges
of employment.
- Civil Rights Act of 1991
- Creates new remedies and other
rights for persons discriminated against and counters recent Supreme
Court decisions concerning equal employment opportunity.
FSU, Office of AA/EEO - 1992
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