With respect to employment in the Library of Congress, authorities granted in this subsection to the Equal Employment Opportunity Commission shall be exercised by the Librarian of Congress. The provisions of section e-5 f through k of this title, as applicable, shall govern civil actions brought hereunder, and the same interest to compensate for delay in payment shall be available as in cases involving nonpublic parties..
Nothing contained in this Act shall relieve any Government agency or official of its or his primary responsibility to assure nondiscrimination in employment as required by the Constitution and statutes or of its or his responsibilities under Executive Order relating to equal employment opportunity in the Federal Government. This Act, referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section a of this title and Tables.
Executive Order , as amended, referred to in subsecs. For example, it is illegal for a major corporation to assign only white people to positions at an office in a predominantly white area or to assign primarily Asian employees to positions at an office in an area with a high Asian population. An exception to the general rule against disparate treatment exists when the lack of a protected characteristic is a bona fide occupational qualification BFOQ for a particular job.
An employer may successfully defend on the grounds that although a particular requirement seems intentionally discriminatory, it is a BFOQ for a job. For example, if a movie role calls for an actor to play Abraham Lincoln, the casting director may choose to consider only white males, even though this seems to discriminate on the basis of race and sex.
Title VII also prohibits apparently neutral job policies that have a disproportionate impact on protected groups. However, an employer that institutes a policy alleged to have a disparate impact may defend itself on the grounds that the policy is important for job performance or is a business necessity.
A seemingly neutral policy of soliciting applications only from sources where all of the potential job candidates are of the same race could have a disparate impact. For example, if an employer has a policy of hiring only applicants who belong to a private country club that has an all-white male membership, this policy would have a disparate impact, adversely affecting minorities and women.
Harassment must be unwelcome and either severe or pervasive to be actionable. If you are harassed, it is important to notify the perpetrator that you find his or her behavior offensive and to notify the employer. A failure to give an employer notice can adversely affect a discrimination claim. For example, if a coworker propositions you for sexual favors repeatedly, you should report the sexual harassment to your Human Resources department or follow grievance procedures outlined in your employment handbook to give your employer a chance to correct the situation before filing a claim with the EEOC.
It is illegal for an employer to retaliate against you for opposing discrimination under Title VII, for participating in an EEOC investigation of a discrimination claim, or for making a discrimination claim yourself. Last reviewed October Employment Law Contents. Employment Law.
Employment Discrimination and Harassment. Age Discrimination in Employment. Criminal Conviction Discrimination in Employment. Disability Discrimination in Employment.
Equal Pay Act. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.
This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if-.
Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin.
It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section d of Title 29 [section 6 d of the Labor Standards Act of , as amended].
Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.
B i With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph A i , the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.
C The demonstration referred to by subparagraph A ii shall be in accordance with the law as it existed on June 4, , with respect to the concept of "alternative employment practice". It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.
Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.
B A practice described in subparagraph A may not be challenged in a claim under the Constitution or Federal civil rights laws-. I actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and.
A alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;. B apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;.
C prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or. D authorize or permit the denial to any person of the due process of law required by the Constitution.
Nothing in this subsection shall preclude a transfer of such action pursuant to section of Title 28 [ United States Code]. There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party.
Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve 1 for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or 2 after the adjournment sine die of the session of the Senate in which such nomination was submitted.
The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection b of this section, shall appoint, in accordance with the provisions of Title 5 [United States Code] governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges [originally, hearing examiners] , and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 [United States Code] , relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges [originally, hearing examiners] shall be in accordance with sections , , , and of Title 5 [United States Code].
The General Counsel shall have responsibility for the conduct of litigation as provided in sections e-5 and e-6 of this title [sections and ]. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys.
The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified. A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum. The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken [originally, the names, salaries, and duties of all individuals in its employ] and the moneys it has disbursed.
It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable. The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place.
The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter. A individuals who historically have been victims of employment discrimination and have not been equitably served by the Commission; and. B individuals on whose behalf the Commission has authority to enforce any other law prohibiting employment discrimination, concerning rights and obligations under this subchapter or such law, as the case may be.
All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section of Title 5 [originally, section 9 of the Act of August 2, , as amended the Hatch Act ] , notwithstanding any exemption contained in such section. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes.
Such fees for any education, technical assistance, or training C The Commission shall include in each report made under subsection e of this section information with respect to the operation of the Fund, including information, presented in the aggregate, relating to Investment proceeds shall be deposited in the Fund.
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