FEDERAL LAWS

Title VI of the Civil Rights Act of 1964

Prohibits unlawful discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. No person can be excluded from participation in, be denied the benefits of or be subjected to discrimination in any university program or activity that receives federal funds because of their race, color, or national origin.

Enforced by the Office of Civil Rights, U.S. Department of Education.

Title VII of the Civil Rights Act of 1964 (as amended)

Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. All institutions or agencies with 15 or more employees are covered. Most terms and conditions of employment are covered, including:

• recruitment, selection, assignment, transfer, layoff, discharge, and recall
  
• opportunities for promotion
  
• in-service training or development opportunities
  
• wages and salaries
  
• sick leave time and pay
  
• vacation time and pay
  
• overtime work and pay
  
• medical, hospital, life and accident insurance
  
• other staff benefits

Harassment on the basis of sex and discrimination on the basis of pregnancy are issues that have been defined as a violation of Title VII.

Enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Title IX of the Education Amendments of 1972

Prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any education program or activity that receives federal funds because of their sex.

Enforced by the Office of Civil Rights, U.S. Department of Education.

No employer having employees subject to any provisions of this section shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex. An employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.

Enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Age Discrimination in Employment Act of 1967 (as amended)

Forbids age discrimination in employment by private or governmental employees with 20 or more employees against persons 40 years of age or older. Covers hiring, discharge, classification as well as other terms and conditions of employment.

Enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Age Discrimination Act of 1975

Prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

Enforced by the federal department or agency with which the contract is made.

Section 503 requires any employer with a federal contract of $2500 or more to take affirmative action to employ and advance in employment qualified disabled persons. Section 504 prohibits discrimination against qualified disabled persons in programs or activities receiving federal financial assistance.

Section 503 is enforced by the Office of Federal Contract Compliance Programs, U.S. Department of Labor (503); Section 504 is enforced by the Office of Civil Rights, U.S. Department of Education.

Vietnam Era Veterans Readjustment Act of 1974

Requires any employer with a federal contract of $10,000 or more to take affirmative action to employ and advance in employment qualified veterans with disabilities and veterans of the Vietnam Era.

Enforced by the U.S. Department of Labor's Veterans Employment Service.

Executive Order 11246 (1965), as amended by Executive Order 11375 (1967) (adding prohibition of sex discrimination)

Prohibits employment discrimination in institutions or agencies which have contracts with the federal government for $10,000 or more. Those institutions with federal contract of $50,000 or more and 50 or more employees are required to develop written affirmative action plans with numerical goals and timetables. Although the contract may involve only one unit within the institution, the affirmative action plan must cover all employees throughout the institution. Prohibited discrimination involves race, religion, color, sex and national origin. Essentially the same as Title VII with respect to the particular terms and conditions of employment covered.

Enforced by the Office of Federal Contract Compliance Programs, U.S. Department of Labor.

Americans With Disabilities Act of 1990

Guarantees equal opportunity in employment, public accommodations, transportation, state and local government services, and telecommunications for individuals with disabilities. This provision is based on the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. On July 26, 1992, the Act became applicable to businesses employing twenty-five or more persons and on July 26, 1994 it became applicable to employers of fifteen or more.

Enforced by several agencies depending on individual provision. Employment provisions enforced by the U.S. Equal Employment Opportunity Commission.

Civil Rights Act of 1991

Allows employees who file suit for intentional discrimination under certain laws to have a jury and to collect compensatory and punitive damages.

Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and the judicial system.

Immigration Reform and Control Act of 1986

Contains an anti-discrimination section which applies to employers having four or more employees and which prohibits employers from: (1) discriminating against aliens who intend to become U.S. citizens but have not begun the paperwork to do so; (2) retaliating against individuals who file discrimination charges under the Act; (3) requesting applicants to provide more or different documents than required by law; and, (4) refusing to honor documents that on their face reasonably appear to be genuine. Title VII of the Civil Rights Act of 1964 may also apply to unlawful discrimination if the discrimination occurs on the basis of national origin. Claims of national origin discrimination against employers with 15 or more employees must be filed with the EEOC.

Enforced by the Office of Special Counsel, U.S. Department of Justice.

STATE LAWS

Tennessee Fair Employment Practices Law of 1978

Prohibits illegal discrimination by employers of eight or more persons against any person because of race, color, creed, religion, sex, or national origin in recruitment, transfer, hiring, discharge, promotion, or any condition, term, or privilege of employment.

Enforced by the Tennessee Human Rights Commission.

Governor's Code of Fair Practices of 1979

Prohibits employment discrimination against persons with disabilities by the state, its agencies, and subdivisions, and by private employers.

Enforced by the Tennessee Human Rights Commission

Opportunity Development Center
P.O. Box 1809, Station B
Nashville, TN 37235
(615) 322-4705 (V/TDD)

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