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Duke

Major Federal Laws on Employment Discrimination

Duke University is committed to encouraging and sustaining work and learning environments that are free from harassment and prohibited discrimination. The University prohibits discrimination and harassment in the administration of both its employment and educational policies. Equal employment and educational opportunities are provided without regard to race, color, sex, religion, national origin, disability, veteran status, sexual orientation, gender identity, age, or genetic information. Duke University also makes good faith efforts to recruit, hire and promote qualified women, minorities, individuals with disabilities and veterans.

Age Discrimination in Employment Act of 1967 [ADEA] protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.

Americans with Disabilities Act of 1990 [ADA] prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees.

Americans with Disabilities Amendment Act of 2008 expands the ADA of 1990. Major changes are redefining “Major life activity” to include specific examples of major life activities, and extending the phrase to include “major bodily functions,” and impairments that are episodic or in remission are disabilities if they would substantially limit a major life activity when active, among others.

Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and national origin in any program or activity (defined as: all of the operations of any entity that receives federal funds) receiving federal financial assistance: grants, loans, or contracts (other than those of insurance guaranty). Title VI, in contrast to Title VII, is not widely used for employment discrimination claims.

Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination. The U.S. Equal Employment Opportunity Commission is the agency charged with enforcing the CRA of 1991.

Congressional Accountability Act of 1995 (CAA) As a result of this Act, eleven civil rights and labor laws, including Title VII, the ADA, the ADEA, and the Rehabilitation Act, are applicable to the legislative branch of the federal government..

Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.

Executive Order 11246 [issued in 1965] prohibits federal contractors and subcontractors and federally-assisted construction contractors and subcontractors that generally have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. It also requires covered contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

Family and Medical Leave Act of 1993 (FMLA) ” balances the demands of the workplace with the needs of families, promotes the stability and economic security of families, and promotes national interests in preserving family integrity.” For example, eligible employees are entitled to take up to twelve weeks of unpaid leave “for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition.”.

Genetic Information Nondiscrimination Act of 2008 (GINA): On May 21, 2008, President George W. Bush signed The Genetic Information Nondiscrimination Act (GINA) into law. This new law protects employees from discrimination on the basis of genetic information. GINA is scheduled to take effect on November 21, 2009.

Specifically, GINA prohibits employers from collecting genetic information from employees, and using this information to make decisions regarding hiring, firing, or any other term or condition of employment, GINA also requires employers, including labor unions and employment agencies to adhere to guidelines regarding genetics information and prohibits retaliation against an individual for opposing acts made lawful by GINA.

Immigration Reform and Control Act of 1986 (ICRA) prohibits discrimination in employment on the basis of national origin and citizenship. There is an overlap between Title VII and ICRA because both statutes prohibit discrimination in employment on the basis of an individual's national origin.

Rehabilitation Act of 1973, Section 503 as amended (29 U.S.C. 793), requires Government contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. Under the Act, contractors can not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII. Title VII makes discrimination based on sex (as well as race, color, national origin, and religion) illegal in employment, while Title IX makes discrimination based on sex illegal in education. Title VII covers employees who work for schools but does not cover students at those schools; Title IX covers both students and employees in educational programs.

Title IX of the Education Amendments of 1972: Title IX of the Education Amendment Act of 1972, prohibits sex discrimination in both our education programs and employment. Title IX applies to all aspects of education programs and activities at Duke University. Sexual harassment is a form of sex discrimination and prohibited by Title IX.

Title IX of the Education Amendment Act of 1972, prohibits sex discrimination in both our education programs and employment.  Title IX applies to all aspects of education programs and activities at Duke University.  Sexual harassment is a form of sex discrimination and prohibited by Title IX.  If you feel you have been subjected to sexual harassment or discrimination, you should seek assistance as soon as possible.

Duke University has designated Dr. Benjamin D. Reese, Vice-President of the Office for Institutional Equity as its Title IX Coordinator.  Dr. Reese is responsible for implementing and monitoring Duke’s Title IX compliance. The Office for Institutional Equity is located in Smith Warehouse, 114 S. Buchanan Blvd., Bay 8, Durham, North Carolina, 27708.  Dr. Reese’s office telephone number is 684-8222.  Questions or concerns regarding Title IX, harassment or discrimination may be directed to the Office for Institutional Equity.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. §§ 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other uniformed services are not disadvantaged in their civilian careers because of their service, are promptly reemployed in their civilian jobs upon their return from duty, and are not discriminated against in employment based on past, present, or future military service.

Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) requires covered federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system, and that covered veterans receive priority in referral to such openings.

Vocational Rehabilitation Act of 1973 was the principal federal statute prohibiting employment discrimination against persons with disabilities who are otherwise qualified to perform the work..