|Federal Employment Laws
Civil Rights Act of 1866, 42 U.S.C.A Section 1981
Grants equal rights to make contract. Violation could be used to redress employment discrimination based on
race, alien age, and national origin.
The Equal Pay Act of 1963
Prohibits unequal wages for women and men who are employed at the same establishment and who perform
equal jobs requiring equal skill, effort and responsibility under similar working conditions.
Wage differentials resulting from seniority, merit or wage systems that base earnings on quality, quantity or
production and not the sex of the employees do not violate the Equal Pay Act.
Title VII of The Civil Rights Act of 1964 and the Civil Rights Act of 1991
Prohibit discrimination on the basis of:
* National Origin
Prohibit discrimination in all phases of employment including:
* Terms, Conditions of Employment
Executive Order 11246 (1965) as amended by 11375
Prohibits employment discrimination on the basis of race, color, religion, sex, or national origin in all aspects of
employment and applies to all federal government contractors and subcontractors for more than $10,000.
Requires recipients of federal contracts and grants to develop an affirmative action program and take affirmative
action to recruit, hire, promote and retain qualified women and minorities.
The Age Discrimination in Employment Act (ADEA)
Prohibits discrimination against individuals who are over 40 years old in all phases of the employment process.
If age is a bona fide job qualification reasonably necessary to the normal operation of the business, then the
ADEA is not violated. [Bona fide = made in good faith without deceit.]
Title IX and Title VI of the Education Amendments of 1972, 42 U.S.C. Section 2000
These amendments state that no person shall on the basis of sex, race, or national origin, be subjected to
discrimination under any education program or activity receiving federal financial assistance. These amendments
were established for educational institutions and agencies receiving federal funds and include criteria for
eliminating discrimination from educational services and programs as well as from employment policies and
practices. Title IX extends the coverage to include executive, administrative, and professional employees,
Federal Rehabilitation Act of 1973, Sections 503 and 504
Requires employers receiving federal funds to take affirmative action to employ and promote qualified persons
with disabilities. The law prohibits discrimination based on disability. The act applies to every phase of the
Vietnam Era Veterans Readjustment Assistance Act of 1974
Requires employers who are government contractors to take affirmative action to hire and promote qualified
disabled veterans and veterans of the Vietnam era.
Pregnancy Discrimination Act of 1978
Requires employers to treat women affected by pregnancy and related conditions the same as other applicants
and employees on the basis of their ability or inability to fulfill the responsibilities of a position. Prohibits
discrimination on the basis of pregnancy, childbirth or other related conditions.
Immigration Reform and Control Act of 1986
This act makes it illegal for employers to knowingly hire aliens. Employers must verify that every employee
hired can legally work in the United States. Employers must also comply with record keeping requirements that
document employment status.
The Americans with Disabilities Act
Prohibits discrimination against qualified individuals with disabilities in regard to job applications procedures,
hiring, advancement, compensation, job training, and other terms, conditions, and privileges of employment. It is
applicable to public and private sector employees.
The Civil Rights Act of 1991
Intentional discrimination (sex, race, national origin, religion, disability) is unlawful, allows compensatory and/or
punitive damages, and allows a jury trial if damages are sought.
Indiana Employment Laws
The Indiana Civil Rights Law
Prohibits discrimination in private and public employment on the basis of race, religion, color, gender, disability,
and national origin or ancestry. The Law applies to compensation and terms and conditions of employment as
well as to decisions on hiring and discharge. The Civil Rights Law applies to the state and its political
subdivisions and private employers with six or more employees.
Public contractors must agree, as part of their contract, to comply with the Indiana Civil Rights Law. Both
public contractors and public employers are prohibited from discriminating against employees who report
suspected violations of law or misuse of public funds.
The Discrimination in Public Works Contracts Act
Prohibits discrimination on the basis of race, religion, color, gender, and national origin or ancestry in contracts
for construction, alteration, or repair to public buildings.
All employers must comply with the Age Discrimination Act which prohibits discrimination against employees
and job applicants ages 40 to 70. Employers with two or more employees are subject to the Equal Pay Act,
which prohibits gender-based wage differentials. The Employment Discrimination Against Disabled Persons Act
applies to employers with 15 or more employees and prohibits use of standards, criteria, or methods of
administration that have the effect of discriminating on the basis of disability or that perpetuate discrimination
by other employees. Employers must make reasonable accommodations for the known physical and mental
limitations of otherwise qualified employees and applicants.