The EEOC's broad enforcement authority is drawn from a relatively narrow set of statutes they enforce. Employers and employees must have a basic familiarity with these important statutes so that both parties understand the intent of the laws and the actions that employers must take to comply.
Title VII of the Civil Rights Act of 1964
Often referred to as simply Title VII, this law is the bedrock of the EEOC's enforcement actions. Title VII contains the language nearly every American is familiar with regarding Civil Rights. Specifically, Title VII establishes that race, religion, national origin, ethnicity, and gender are all off-limits in employment decisions. Employers may not consider these factors in any way whatsoever when making workplace decisions.
Title VII also prohibits retaliation. Retaliation occurs when adverse employment actions are taken because an employee cooperates with investigators or makes a claim of their own. The complaint itself need not be true for retaliation to occur. If an employee made the complaint in good faith, employers may not retaliate even if the allegation is not sustained.
Finally, Title VII protects religious observances in the workplace. Title VII requires employers to accommodate religious practices and clothing to a reasonable extent. Reasonable is somewhat subjective, but the EEOC usually defines the term as accommodation that does not create a safety risk or substantially interfere with the employer's business.
The Equal Pay Act of 1963
Commonly called the EPA, the Equal Pay Act of 1963 makes it unlawful to pay similarly situated persons different wages based on gender. This means that the EEOC will pursue allegations of women receiving lower wages than their male counterparts, provided all other things are equal. As in most other statutes enforced by the EEOC, the EPA only applies to persons who share the same job or role and generally perform the same work. The same retaliation prohibitions in Title VII also apply to the EPA.
The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 is often referred to by the acronym ADEA. This statute is slightly more narrow than other civil rights legislation in that it establishes a specific class - persons over the age of 40 - and prevents discrimination on those grounds. Like other similar statutes, it is unlawful to retaliate for cooperating with investigations or making complaints under this Act.
Title 1 of the Americans With Disabilities Act of 1990
Commonly called the ADA, this Act prohibits discrimination based on disability. The ADA contains two major provisions with which an employer must comply. The first is a mirror image of its counterparts. An employer may not discriminate against an individual with a disability when that individual is otherwise fully qualified for the job. The same anti-retaliation provisions also apply.
The second prong of the ADA involves reasonable accommodation. Employers are obligated under the ADA to make an affirmative effort to modify the workplace to permit individuals with a disability to carry out their duties. Reasonable has been held by the courts to generally mean any accommodation that would not pose an undue burden on a business.
Under the ADA, employers must make reasonable accommodations for qualified employees with disabilities.
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GINA, the acronym for the Genetic Information Nondiscrimination Act of 2008, creates a new protected class of individuals who possess specific genetic characteristics. This means that employers may not make employment decisions based on genetic information, genetic testing cannot be a condition of employment, and no employee can be compelled to provide genetic information to their employer. Notwithstanding the name, this Act protects not only genetic information but also the medical information of family members as well. In other words, an employer may not consider the medical conditions of an employee's or candidate's family when making employment decisions.
