The Federal laws prohibiting job discrimination and thus subject to the purview of the EEOC are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Generally, the employer will be dealing with discrimination against a certain class and only certain classes of people are considered “protected classes”.
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:
hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment.
Be advised, not all the statutes cover all employers and every employer should learn who is covered. Obviously, it is more difficult for a small business with less than 10 employees to provide certain benefits than a conglomerate corporation with thousands of employees.
So, who is covered?
Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) cover all private employers, state and local governments, and education institutions that employ 15 or more individuals.
The Age Discrimination in Employment Act (ADEA) covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.
The Equal Pay Act (EPA) covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.
Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. The law also requires a specific procedure to file the discrimination charge and failure to follow the procedures could jeopardize the employee’s case.
