Equal Opportunity Laws and Agencies
EXECUTIVE ORDER 11246 – AFFIRMATIVE ACTION Executive Order 11246 Fact Sheet
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246. This Order protects the rights of workers employed by federal contractors to remain free from discrimination on the basis of their gender, race, religion, color or national origin. OFCCP requires a contractor, as a condition of having a federal contract, to engage in a self-analysis for the purpose of discovering any barriers to equal employment opportunity. OFCCP also investigates complaints of discrimination and failure to comply with the non-discrimination or affirmative action provisions is a violation of the contract.
U.S. Department of Labor - Guide to the Basic EEO Requirements Under Executive Order 11246 For Small Businesses With Federal Contracts
Office of Federal Contract Compliance Programs (OFCCP)
200 Constitution Avenue, NW
Room C-3325
Washington, DC 20210
E-mail: OFCCP-Public@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365), or 1-800-397-6251
TTY: 1-877-889-5627
Local Offices http://www.dol.gov/ofccp/contacts/ofnation2.htm
FAMILY AND MEDICAL LEAVE ACT (FMLA)
FMLA is regulated through the Department of Labor (DOL). FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year and requires that group health benefits be maintained during the leave. FMLA enables employees to take reasonable unpaid leave for certain family and medical reasons. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
- for the birth and care of the newborn child of an employee;
- for placement with the employee of a child for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
Employee eligibility
Employees are eligible if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
For more about rights under FMLA or for more information on compliance assistance go to: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm or http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4-USWAGE (1-866-487-9243).
- U.S. Equal Employment Opportunity Commission. Employer Best Practices for Workers with Care Giving Responsibilities.
- U.S. Equal Employment Opportunity Commission. Best Practices of Private Sector Employment.
- Families and Work Institute. When Work Works. 2009 Guide to Bold New Ideas for Making Work Work.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
EEOC enforces a series of laws that protect women such as (select laws are covered more below):
- Title VII of the Civil Rights Act of 1964 (Title VII)
This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business. - The Pregnancy Discrimination Act
This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. - The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. - The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. - Sexual Harassment claims
EEOC Contact information
EEOC works through their headquarters in Washington, D.C. and 53 field offices.
National hotline 1-800-669-4000
Local offices: http://www.eeoc.gov/field/index.cfm
Filing a complaint with the state Fair Employment Practices Agencies (FEPA)
- Many states, counties, cities, and towns have their own laws prohibiting discrimination, as well as agencies responsible for enforcing those laws or, FEPAs. Usually the laws enforced by these agencies are similar to those enforced by EEOC. In some cases, these agencies enforce laws that offer greater protection to workers, such as protection from discrimination because you are married or unmarried, have children or because of your sexual orientation.
Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII prohibits employment discrimination for employees as well as job applicants based on race, color, religion, sex, or national origin. The law also established the Equal Employment Opportunity Commission (EEOC) which continues to enforce this and other laws.
Employers covered under Title VII:
All companies with 15 or more employees are required to adhere Title VII including:
- Private employers, state and local governments, and educational institutions,
- Employment agencies and joint labor-management committees for apprenticeship and training; and the
- Federal government
Actions considered illegal include:
- Discrimination related to recruitment, advertising, hiring, training, job assignment, promotion, transfer, use of company space, layoff, firing, wages, disciplinary action, fringe benefits, and other terms, privileges, and conditions.
- The law also includes the Pregnancy discrimination act which made it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
- In all cases above, it is illegal to retaliate against a person because they complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
- To file a suit use the contact information provided under EEOC.
U.S. Department of Veterans Affairs. Recruitment and Selection: Best Practices Guide. Avoiding Equal Employment Opportunity Pitfalls to Create a Diverse Workforce. April 2010