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 Human Resources with any questions.
- ADA Amendments Act (ADAAA, 2008)
- Age Discrimination in Employment Act (ADEA, 1967)
- Americans with Disabilities Act (ADA, 1990)
- Civil Rights Act of 1964 – Title VII
- Civil Rights Act of 1991
- Equal Pay Act of 1963
- Executive Order 13762 (2015)
- Genetic Information Nondiscrimination Act (GINA) of 2008
- Lilly Ledbetter Fair Pay Act (2009)
- Pregnancy Discrimination Act (1978)
- Rehabilitation Act of 1973
- Uniformed Services Employment and Re-employment Rights Act (USERRA)
- Vietnam Era Veterans’ Readjustment Assistance Act (VEVRA) of 1974
ADA Amendments Act (ADAAA, 2008)
This Act amended the ADA by over-ruling judicial interpretations in the courts since the original ADA was passed. The amendments:
- Expand the definition of “disability”;
- Ignore “mitigating measures”, such as medications, that were previously considered in determining if an individual met the definition of being disabled; and,
- 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.
Age Discrimination in Employment Act (ADEA, 1967)
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.
Americans with Disabilities Act (ADA, 1990)
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.
Civil Rights Act of 1964 – Title VII
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.)
Civil Rights Act of 1991
This law amends the Title VII of Civil Rights Act of 1964. It provides for compensatory and punitive damages in intentional discrimination cases (including sexual harassment and ADA charges) and allows trial by jury where such damages are requested.
Equal Pay Act of 1963
The EPA requires employers to offer equal pay to males and females performing equal work unless differentials are based on seniority, merit, quality or quantity of production, or other factors not related to sex.
Executive Order 13762 (2015)
Prohibits discrimination in employment practices based on gender identity or sexual orientation (LGBT) of employers with federal contracts or subcontracts of $10,000 or more.
Genetic Information Nondiscrimination Act (GINA) of 2008
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.
Lilly Ledbetter Fair Pay Act (2009)
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: 1) the discriminatory compensation decision or when other discriminatory practices affecting compensation are adopted; 2) when the individual becomes subject to a discriminatory compensation decision; or 3) 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.
Pregnancy Discrimination Act (1978)
The Act amended Title VII to prohibit discrimination in all terms and conditions of employment on the basis of pregnancy. It bars mandatory leaves for pregnant women arbitrarily set a certain point in the pregnancy and protects the reinstatement rights of women on maternity leave.
Rehabilitation Act of 1973
The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors.
Uniformed Services Employment and Re-employment Rights Act (USERRA)
USERRA prohibits employment discrimination against individuals because of their service in the U.S. armed forces and sets forth leave and re-employment rights to those entering active duty.
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRA) of 1974
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.