EQUAL OPPORTUNITY/AFFIRMATIVE ACTION; LEGAL BASIS
LAW |
MAJOR PROVISIONS |
BASIS OF DISCRIMINATION COVERED |
WHO MUST COMPLY |
ENFORCING AGENCY |
METHOD ENFORCEMENT |
SANCTIONS AND/OR REMEDIES |
||
|
|
|
|
|
|
|
|
||
|
Title
VI of Civil Rights Act of 1964 (as amended) http://www.ed.gov/policy/rights/ |
Prohibits
discrimination in programs or activities which receive federal financial
assistance |
Race,
color or national origin |
Recipients
of federal financial assistance |
Department
of Education, Office of Civil Rights |
A
complaint may be filed with the Office of Civil Rights |
Termination
of federal financial assistance |
||
|
|
|
|
|
|
|
|
||
|
Title
VII of Civil Rights Act of 1964 (as amended) http://www.eeoc.gov/policy/vii.html |
Prohibits
discrimination in employment |
Race,
sex, color, national origin, and religion |
Employers
of 15 or more persons; employment agencies; labor organizations |
Equal
Employment |
A
complaint may be filed with EEOC by an aggrieved applicant or employee, or
any person, agency or organization on behalf of a person claiming to be
aggrieved |
Back
pay; attorney’s fees, injunctions; compensatory & punitive damages |
||
|
|
|
|
|
|
|
|
||
|
Title
IX of Education Amendments of 1972 http://www.ed.gov/policy/rights/ |
Prohibits
discrimination on the basis of sex in education programs or activities |
Sex |
Recipients
of federal financial assistance |
Department
of Education, Office of Civil Rights |
Periodic
compliance reviews; a complaint may be filed with the Office of Civil Rights |
Termination
of federal financial assistance |
||
|
|
|
|
|
|
|
|
||
|
Executive
Order 11246 of 1965 (as amended) http://www.dol.gov/esa/regs/ |
Prohibits
discrimination and requires affirmative action in employment; requires
employers with 50 or more employees and a federal contract of $50,000
annually to have a written affirmative action plan |
Race,
sex, color, national origin, and religion |
Any
employer with a federal contract of $10,000 in a 12-month period |
Department
of Labor, Office of Federal Contract Compliance Programs (OFCCP) |
Periodic
compliance reviews; a complaint may be filed with OFCCP |
Back
pay; cancellation, termination and suspension of contracts and/or debarment
from future contract |
||
|
|
|
|
|
|
|
|
||
|
Rehabilitation
Act of 1973, Section 793 (as amended) |
Requires
affirmative action to employ and advance in employment qualified individuals
with disabilities |
Disability |
Any
employer with a federal contract of $10,000 or more |
Department
of Labor, OFCCP |
A
complaint may be filed with OFCCP |
Withholding
of federal funds; termination or cancellation of contracts; debarment from
future contracts; injunctions |
||
|
|
|
|
|
|
|
|
||
|
LAW |
MAJOR PROVISIONS |
BASIS OF DISCRIMINATION COVERED |
WHO MUST COMPLY |
ENFORCING AGENCY |
METHOD ENFORCEMENT |
SANCTIONS AND/OR REMEDIES |
||
|
|
|
|
|
|
|
|
||
|
Rehabilitation
Act of 1973, Section 794 (as amended) http://www.ed.gov/policy/rights |
Prohibits
discrimination in programs and activities and requires making reasonable
accommodations |
Disability |
Recipients
of federal financial assistance |
Department
of Education, Office of Civil Rights |
Periodic
compliance reviews; a complaint may be
filed with the Office of Civil Rights |
Termination
of federal financial assistance ; back pay; attorney’s fees, reinstatement |
||
|
|
|
|
|
|
|
|
||
|
http://www.dol.gov/esa/regs/ |
Prohibits
discrimination in employment against special disabled veterans, veterans of
the |
Special
disabled veteran, |
Any
employer with a federal contract of $25,000 |
Department
of Labor, OFCCP and Veterans’ Employment Service |
A
complaint may be filed with the Secretary of Labor, OFCCP or Veterans’
Employment Service |
Termination
or cancellation of contracts and/or debarment from future contracts |
||
|
|
|
|
|
|
|
|
||
|
Equal
Pay Act of 1963 http://www.eeoc.gov/ |
Prohibits
discrimination in rates of pay and benefits |
Sex |
All
educational institutions; other employers who are covered by the Fair Labor
Standards Act |
EEOC |
A
complaint may be filed with EEOC |
Back
pay and salary increases |
||
|
|
|
|
|
|
|
|
||
|
Age
Discrimination in Employment Act of 1967 http://www.eeoc.gov/ |
Prohibits
discrimination in employment against individuals age 40 and above |
Age |
State,
local, and federal government agencies;
private employers of 20 or more persons |
EEOC |
A
complaint may be filed with EEOC |
Back
pay; reinstatement or promotion where appropriate; attorney’s fees |
||
|
|
|
|
|
|
|
|
||
|
LAW |
MAJOR PROVISIONS |
BASIS OF DISCRIMINATION COVERED |
WHO MUST COMPLY |
ENFORCING AGENCY |
METHOD ENFORCEMENT |
SANCTIONS AND/OR REMEDIES |
||
|
|
|
|
|
|
|
|
||
|
Age
Discrimination Act of 1975 http://www.ed.gov/policy/ |
Prohibits
discrimination in programs or activities which receive federal financial
assistance; applies to persons of all ages |
Age |
Recipients
of federal financial assistance |
Department
of Education, Office of Civil Rights |
A
complaint may be filed with the Office of Civil Rights |
Termination
of federal financial assistance |
||
|
|
|
|
|
|
|
|
||
|
Americans
with Disabilities Act of 1990 http://www.dol.gov/esa/regs/ http://www.eeoc.gov/policy/ada.html; http://www.ed.gov/policy/ |
Prohibits
discrimination on the basis of disability in:
private sector employment;
services rendered by state and local governments; places of public accommodation;
transportation; and telecommunication relay services |
Disability |
Title
I – Employment
: applies
to all employers with 15 or more employees |
EEOC |
A
complaint may be filed with EEOC or OFCCP |
Provides
same remedies as Title VII of the Civil Rights Act of 1964, i.e. backpay, attorney’s
fees; injunctions, compensatory and punitive damage |
||
|
|
|
|
|
|
|
|
||
|
|
|
|
Title
II – Public
Services |
Department
of Justice |
A
complaint may be filed with DOJ – Attorney General |
Termination
of federal funds; monetary
damages; attorney’s fees; and litigation costs |
||
|
|
|
|
|
|
|
|
||
|
|
|
|
Public
Transportation |
Department
of Transportation |
A
complaint may be filed with the Department of Transportation |
Provides
remedies available under Section 794 (504) of the Rehabilitation Act |
||
|
|
|
|
|
|
|
|
||
|
|
|
|
Title
III – Public
Accommodations |
Department
of Justice |
A
complaint may be filed with the Department of Justice or private law suits
filed |
Injunctions;
preventative relief; civil penalties
of $50,000 up to $100,000 for any subsequent violation |
||
|
|
|
|
|
|
|
|
||
|
LAW |
MAJOR PROVISIONS |
BASIS OF DISCRIMINATION COVERED |
WHO MUST COMPLY |
ENFORCING AGENCY |
METHOD ENFORCEMENT |
SANCTIONS AND/OR REMEDIES |
||
|
|
|
|
|
|
|
|
||
|
|
|
|
Private
Transportation |
Department
of Transportation |
A
complaint may be filed with the Department of Transportation |
Provides
remedies available under Section 794 of the Rehabilitation Act |
||
|
|
|
|
|
|
|
|
||
|
|
|
|
Title
IV - Telecommunications |
Federal
Communications Commission |
A
complaint may be filed with the Federal Communications Commissions |
Revocation
of certification |
||
|
|
|
|
|
|
|
|
||
|
http://www.azag.gov/ |
Prohibits
discrimination in employment, housing, public accommodations, and voting |
Race,
sex, age, color, national origin, religion, and disability |
Employers
of 15 or more persons; labor
organizations; employment agencies or
joint labor management committees |
Arizona
Civil Rights Division, Attorney General’s Office |
A
complaint may be filed with the Arizona Civil Rights Division, Attorney
General’s Office |
|
||
|
|
|
|
|
|
|
|
||
|
AZ
Executive Order 93-2 http://www.azlibrary.gov/is/ |
Provides for state enforcement authority for equal
employment opportunity through the Governor’s Office of Equal Opportunity and
for active encouragement to minority and women-owned business enterprises. |
race,
color, sex, religion, national origin, age, disability or veteran status |
State
agencies |
Governor’s
Office of Equal Opportunity |
Governor’s
Office of Equal Opportunity shall monitor and evaluate Equal Opportunity
Plans as required in the State Equal Opportunity Guidelines |
|
||
|
|
|
|
|
|
|
|
||
|
LAW |
MAJOR PROVISIONS |
BASIS OF DISCRIMINATION COVERED |
WHO MUST COMPLY |
ENFORCING AGENCY |
METHOD ENFORCEMENT |
SANCTIONS AND/OR REMEDIES |
||
|
|
|
|
|
|
|
|
||
|
AZ
Executive Order 2003-22 http://www.azlibrary.gov/is/ |
Directs that no state agency, board or commission
(collectively “state agency” shall discriminate in employment solely on the
basis of an individual’s sexual orientation and gives notice to all state
employees that acts of sexual harassment or other harassment based on sexual
orientation shall be a cause for discipline. |
Sexual
Orientation |
State
agencies, boards and commissions |
Governor’s
Office of Equal Opportunity |
|
|