Chapter
2
Equal
Employment
Opportunity:
The Legal
Environment
Chapter 2 Overview

Equal Employment
Opportunity Laws

Landmark Court Cases

Enforcement Agencies
This symbol “” indicates a table or figure appears at this point in the presentation.
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
Equal Employment Opportunity Laws

Equal Pay Act (1963)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Equal Pay Act
1963 Prohibits sexual-based
discrimination in rates of pay for
men and women working in the
same or similar jobs.
Coverage
Private employers engaged
in commerce or in the
production of goods for
commerce and with two or
more employees; labor
organizations.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Title VII, Civil Rights Act (1964)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Title VII,
1964 Prohibits discrimination based
Civil Rights Act
on race, sex, color, religion, or
(as amended
national origin.
in 1972)
Coverage
Private employers with 15 or
more employees for 20 or
more weeks per year,
institutions, state and local
governments, employment
agencies, labor unions, and
joint labor-management
committees.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Age Discrimination in Employment Act (1967)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Age Discrimination
1967 Prohibits discrimination against
in Employment Act
individuals who are at least 40
(ADEA)
years of age but less than 70.
An amendment eliminates
mandatory retirement at age 70
for employees of companies
with 20 or more employees.
Coverage
Private employers with 20 or
more employees for 20 or
more weeks per year, labor
organizations, employment
agencies, state and local
governments, and federal
agencies, with some
exceptions.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Rehabilitation Act (1973)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Rehabilitation Act,
1973 Prohibits discrimination against
as amended
handicapped persons and
requires affirmative action to
provide employment opportunity
for handicapped persons.
Coverage
Federal contractors and
subcontractors with contracts
in excess of $2,500,
organizations receiving
federal financial assistance,
and federal agencies.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Vietnam-Era Veterans Readjustment Assistance Act (1974)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Vietnam-Era Veterans 1974 Prohibits discrimination in hiring
Readjustment
disabled veterans with 30
Assistance Act
percent or more disability rating,
veterans discharged or
released for a serviceconnected disability, and
veterans on active duty
between August 5, 1964 and
May 7, 1975. Also requires
written AAPs for certain
employers.
Coverage
Federal contractors and
subcontractors with contracts
in excess of $10,000;
employers with 50 or more
employees and contracts in
excess of $50,000.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Pregnancy Discrimination Act (1978)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Coverage
Pregnancy
1978 Requires employers to treat
Same a Title VII, Civil Rights
Discrimination Act
pregnancy just like any other
Act.
(PDA)
medical condition with regard to
fringe benefits & leave policies.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Immigration Reform and Control Act (1986)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Immigration Reform
1986 Prohibits hiring of illegal aliens.
and Control Act
Coverage
Any individual or company.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Americans with Disabilities Act (1990) 
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Americans with
1990 Increases access to services
Disabilities Act
and jobs for disabled workers.
Coverage
Private employers with 15 or
more employees.
(Continued)
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Table 2.1
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Suggestions for Making the Workplace
Accessible to Disabled Workers
Install wheelchair ramps.
Make curb cuts in sidewalks and entrances.
Reposition shelves so those with disabilities can reach materials.
Rearrange tables, chairs, vending machines, display racks, and other furniture.
Reposition telephones and water fountains.
Add raised markings on elevator control buttons.
Install flashing alarm lights.
Widen doors.
Install offset hinges to widen doorways.
Eliminate turnstiles or revolving doors or provide an alternative accessible path.
Install accessible door hardware (such as levers) instead of, or in addition, doorknobs.
Install grab bars in toilet stalls.
Rearrange toilet partitions to increase maneuvering space.
Move lavatory pipes underneath sinks to prevent burns.
Add raised toilet seats.
Add a full-length bathroom mirror.
Reposition paper towel dispensers.
Create designated accessible parking spaces.
Add a paper cup dispenser at existing accessible water fountains.
Remove high-pile, low-density carpeting.
Install vehicle hand controls.
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
Equal Employment Opportunity Laws (continued)

Older Workers Benefit Protection Act (1990)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Coverage
Older Workers
1990 Provides protection for
Same as ADEA.
Benefit Protection
employees over 40 years of age
Act
in regard to fringe benefits and
gives employees time to
consider an early retirement
offer.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Civil Rights Act (1991)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Coverage
Civil Rights Act
1991 Permits women, persons with
Private employers with 15 or
disabilities, and persons who
more employees.
are religious minorities to have
a jury trial and sue for punitive
damages if they can prove
intentional hiring and workplace
discrimination. Also requires
companies to provide evidence
that the business practice that
led to the discrimination was not
discriminatory but was jobrelated for the position in
question and consistent with
(Continued)
business necessity.
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
Equal Employment Opportunity Laws (continued)

Family and Medical Leave Act (1993)
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
Law/Executive Order Year
Purpose or Intent
Coverage
Family and Medical
1993 Enables qualified employees to Private employers with 15 or
Leave Act (FMLA)
take prolonged unpaid leave for more employees.
family and health-related
reasons without fear of losing
their jobs.
(Continued)
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
Equal Employment Opportunity Laws (continued)

Executive Orders 11246, 11375, and 11478
Table 2.2
Summary of Equal Employment Opportunity
Laws and Executive Orders
(concluded)
Law/Executive Order Year
Purpose or Intent
Executive Order
1965 Prohibits discrimination on the
11246
basis of race, sex, color,
religion, or national origin;
requires affirmative action with
regard to these factors.
Coverage
Federal contractors and
subcontractors with contracts
in excess of $10,000;
employers with 50 or more
employees and contracts in
excess of $50,000.
Executive Order
11375
1967 Prohibits sex-based wage
discrimination.
Government contractors and
subcontractors.
Executive Order
11478
1967 Supersedes Executive Order
Same as Executive Order
11246 and modifies some of the 11246.
procedures under the previous
orders and regulations.
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
Equal Employment Opportunity Laws (continued)

State and Local Government Equal Employment Laws
- U.S. Constitution’s Supremacy clause invalidated many state & local laws
- State & local governments may pass laws not covered by federal law
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
Landmark Court Cases
Griggs v. Duke Power Company
 McDonnell Douglas v. Green
 Albemarle Paper v. Moody
 University of California Regents v. Bakke
 United Steelworkers of America v. Weber
 Connecticut v. Teal
 Memphis Firefighters, Local 1784 v. Stotts
 City of Richmond v. J. A. Crosan Company
 Wards Cove v. Atonio
 Martin v. Wilks
 Adarand Constructors v. Peña
 Hopwood v. State of Texas
 University of Michigan’s Admission Procedures

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
Enforcement Agencies

Equal Employment Opportunity Commission
- Federal agency created under the Civil rights Act of 1964
~ administers Title VII of the act
~ ensures equal employment opportunity
~ its powers were expanded in 1979

Office of Federal Contract Compliance Program
- Office within the U.S.Department of Labor
~ responsible for ensuring EEO by federal contractors and subcontractors
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
Enforcement Agencies

Equal Employment Opportunity Commission
- Federal agency created under the Civil rights Act of 1964
~ administers Title VII of the act
~ ensures equal employment opportunity
~ its powers were expanded in 1979

Office of Federal Contract Compliance Program
- Office within the U.S.Department of Labor
~ responsible for ensuring EEO by federal contractors and subcontractors
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Questions
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