Federal Constitutional & Statutory Provisions
Regarding Affirmative Action / Equal Opportunity


United States Constitution
Fourteenth Amendment
- Guarantees equal protection of the laws.
Civil Rights Act, 1968 - Provides criminal penalties for interfering with employment based on race, color, sex, religion, and national origin.
Federal Statutes and Executive Orders
Equal Pay Act of 1963
- Prohibits discrimination on the basis of sex in paying wages for equal work on jobs, the performance of which requires equal skill, effort and responsibility, under similar working conditions.
Intergovernmental Personnel Act - Requires state and local governments receiving IPA grants to treat all applicants and employees without regard to race, color, religion, sex, national origin. It also requires affirmative action.
Title VI, Civil Rights Act, 1964 - Prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal assistance.


Title VII, Civil Rights Act, 1964, as amended by the Equal Employment Opportunity Act of 1972 - Prohibits discrimination on the basis of race, color, religion, sex/gender, or national origin.
Executive Order 11246, as amended - Prohibits federal contractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. Further requires federal contractors to take affirmative action to hire and promote qualified minorities and women. Employers above $50,000 threshold required to devise and implement an Affirmative Action Plan (AAP) consisting of a "Workforce Analysis" and a "Utilization Analysis."
Age Discrimination in Employment Act, 1967, as amended, 1974 - Prohibits discrimination in employment decisions on the basis of age against any individual age 40 and over.


Older Workers Benefit Protection Act - Amended ADEA to specifically prohibit discrimination against older Americans in all employee benefits when age-based reductions in employee benefit plans are justified by significant cost considerations. Added rules on open window early retirement plans and releases.
Title IX, 1972 Education Amendments to Civil Rights Act - Prohibits discrimination based on gender in all programs receiving federal funds. Non-discrimination on the basis of sex/gender in program and services. Regulations require gender equity in various programs and services. Parallels Title VII in employment, including coverage of sexual harassment, and extends same principles to harassment of students by employees.

General Revenue Sharing, 1972 - Prohibits discrimination based on race, color, sex, national origin in programs funded by General Revenue Sharing.
Executive Order 11141, 1964 - Prohibits age discrimination by federal contractors except on the basis of a bona fide occupational qualification.

Section 503 of the Rehabilitation Act of 1973 - Requires government contractors to take affirmative action to employ and promote qualified handicapped individuals. Also prohibits employment discrimination against qualified persons with disabilities.
Americans with Disabilities Act of 1990 - Title I protects all applicants and employees with disabilities, defined as physical or mental impairments that restrict major life activities. Title I prohibits discrimination in hiring and terms and conditions of employment based upon disability; requires reasonable accommodation of disabilities; restricts collection and use of medical information from applicants and employees.
Section 504 of Rehabilitation Act of 1974 - Prohibits discrimination against qualified individuals with disabilities in programs and activities receiving federal funds.  Title II covers all beneficiaries of programs and services of a public institution, including students and members of the public. Title II requires accessibility of all programs and services, including employment.
Vietnam Era Veterans Act, 1972 - Requires all Federal government contractors to take affirmative action to employ and promote Vietnam era veterans.

Civil Right Restoration Act of 1988 - Overturns U.S. Supreme Court's 1984 decision in Grove City vs. Bell, and specified that recipients of federal funds must comply with civil rights laws in all areas, not just in the particular program or activity that receives federal funding. Applies to Title IX of the Educations Amendments of 1972, Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Age Discrimination in Employment Act.
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to restore and strengthen civil rights laws against discrimination in employment. Changes statute of limitation from 180 days to 2 years, provides for jury trial of discrimination cases, and for compensatory and punitive damages.