What Anti-Discrimination Laws are still in Effect?

Title VII of the Civil Rights Act

The Civil Rights Act of 1964 is a landmark piece of federal legislation in the United States that prohibits discrimination based on race, color, religion, sex, and national origin. Signed into law by President Lyndon B. Johnson on July 2, 1964, it is considered one of the most significant legislative achievements in American history.

The Act consists of 11 titles that address various aspects of civil rights:

1. Voting Rights: Prohibits unequal application of voter registration requirements.
2. Public Accommodations: Outlaws discrimination in restaurants, theaters, hotels, and other public places.
3. Public Facilities: Bans segregation in public facilities.
4. Public Education: Provides for the desegregation of public schools and colleges.
5. Civil Rights Commission: Expands the commission established by the Civil Rights Act of 1957.
6. Federal Funding: Prohibits discrimination by recipients of federal financial assistance.
7. Equal Employment: Bans discrimination in employment and established the Equal Employment Opportunity Commission (EEOC).
8. Voting Statistics: Requires collection of voting statistics based on race, color, and national origin.
9. Enforcement: Facilitates the movement of civil rights cases to federal courts and sets penalties for violations.

The Civil Rights Act of 1964 has had a far-reaching impact on American society, outlawing segregation and discriminatory practices in various sectors including employment, education, and public accommodations. It remains a cornerstone of civil rights law in the United States, paving the way for subsequent legislation addressing issues such as age and disability discrimination.

Required actions:

• Ensure non-discrimination in all employment practices including recruiting, hiring, promoting, training, disciplining, and providing benefits
• Avoid retaliation against employees who file discrimination complaints

Section 503 of the Rehabilitation Act 

Section 503 of the Rehabilitation Act is a federal law that prohibits discrimination against individuals with disabilities and requires affirmative action in employment practices by federal contractors and subcontractors. 

Key aspects of Section 503 include:

1. Scope: It applies to organizations with federal contracts or subcontracts exceeding $15,000, with additional requirements for those with 50 or more employees and contracts of $50,000 or more.
2. Purpose: The law aims to reduce unemployment rates among individuals with disabilities by encouraging federal contractors to recruit, hire, promote, and retain qualified individuals with disabilities.
3. Requirements:
   • Prohibits discrimination based on disability in employment practices.
   • Mandates the creation of affirmative action plans for individuals with disabilities.
   • Sets a 7% utilization goal for employing individuals with disabilities across job groups or the entire workforce.
   • Requires contractors to invite job applicants and employees to voluntarily self-identify as having a disability.
4. Enforcement: The U.S. Office of Federal Contract Compliance Programs (OFCCP) enforces Section 503.
5. Recent changes: In 2014, updates to Section 503 strengthened its affirmative action requirements, establishing the 7% representation goal and mandating self-identification invitations.

Section 503 is a crucial component of efforts to improve employment opportunities for individuals with disabilities in the federal contractor workforce.

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) 

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) is a federal law that prohibits discrimination against protected veterans and requires affirmative action in employment practices by federal contractors and subcontractors13. Originally passed in 1974, VEVRAA aimed to provide assistance to returning Vietnam veterans and protect them from employment discrimination.

Key aspects of VEVRAA include:

1. Scope: It applies to organizations with federal contracts or subcontracts of $150,000 or more and 50 or more employees.
2. Protected Veterans: VEVRAA covers several categories of veterans, including:
   • Active-duty wartime or campaign badge veterans
   • Disabled veterans
   • Armed forces service medal veterans
   • Recently separated veterans2
3. Requirements for federal contractors:
   • Prohibit discrimination based on veteran status
   • Take affirmative action to employ and advance protected veterans
   • Establish hiring benchmarks
   • Include equal opportunity clauses in contracts
   • Offer applicants the chance to self-identify as protected veterans
   • Develop and maintain written VEVRAA Affirmative Action Plans
   • Distribute job listings to appropriate Employment Service Delivery Systems
   • Maintain certain records for three years
   • Submit annual VETS-4212 reports
4. Enforcement: The Office of Federal Contract Compliance Programs (OFCCP) enforces VEVRAA.

VEVRAA works alongside other federal laws, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA), to provide comprehensive protections for veterans in the workforce

The EEO-1 Report

The EEO-1 report, also known as Standard Form 100 or EEO-1 Component 1 report, is a mandatory annual data collection survey that certain employers must submit to the Equal Employment Opportunity Commission (EEOC)1. Key aspects of the EEO-1 report include:

1. Purpose: It gathers employee data on diversity to help the EEOC monitor workplace compliance with anti-discrimination laws.
2. Required Information: Employers must provide a demographic breakdown of their workforce by:
   • Race/ethnicity
   • Sex/gender
   • Job category
3. Who Must File:
   • Private sector employers with 100 or more employees
   • Federal contractors with 50 or more employees and contracts/subcontracts worth $50,000 or more
   • Companies with fewer than 100 employees that are part of a larger enterprise with 100+ total employees
4. Reporting Period: Data must be collected from a pay period in the fourth quarter (October through December) of the reporting year.
5. Multi-establishment Employers: Must file separate reports for headquarters, each establishment with 50+ employees, and a consolidated report for all employees.

The EEO-1 report serves as a snapshot of an organization's workforce demographics at a specific time, helping to identify potential employment discrimination and track diversity trends in the workplace.

Pay Transparency Executive Order

While there is no explicit mention of its revocation in recent executive orders, we suggest subscribing to our blog to stay updated on this regulation. 

Executive Order 13665, also known as the Pay Transparency Executive Order, was signed on April 8, 2014, and became effective for federal contractors on January 11, 2016. prohibits federal contractors from discriminating against employees and job applicants who discuss, disclose, or inquire about compensation.

Key aspects of EO 13665 include:

1. Scope: It applies to federal contractors with contracts or subcontracts exceeding $10,000.
2. Prohibitions: The order forbids contractors from discharging or discriminating against employees or applicants who have inquired about, discussed, or disclosed their own compensation or that of another employee or applicant.
3. Posting Requirements: Contractors must disseminate a prescribed Pay Transparency Policy Statement in employee manuals and handbooks.
4. Exceptions: The order does not require employers to disclose pay information, but protects those who choose to discuss or inquire about pay.
5. Enforcement: The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing this order.

The primary goal of EO 13665 is to promote pay transparency and openness, which can help identify and address pay discrimination. By allowing open discussions about compensation, the order aims to enhance the ability of workers and job applicants to identify and remedy unlawful pay disparities. It's important to note that while this executive order remains in effect, recent developments under the Trump administration have introduced changes to federal contractor requirements regarding DEI and affirmative action programs. However, pay equity remains a business imperative, and many states continue to push for greater pay fairness and transparency.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in various aspects of public life19. Enacted in 1990, the ADA aims to ensure equal opportunities for people with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation7.Key provisions of the ADA include:

1. Employment (Title I): Prohibits discrimination in hiring, promotions, and other employment practices for employers with 15 or more employees.
2. Public Accommodations (Title III): Requires businesses and nonprofit service providers to make their goods and services accessible to people with disabilities4.
3. State and Local Government Services (Title II): Mandates that government programs and services be accessible to individuals with disabilities.

The ADA defines a disability as "a physical or mental impairment that substantially limits one or more major life activities," "a record of such an impairment," or "being regarded as having such an impairment".

ADA Amendments Act of 2008 (ADAAA)

The ADA was significantly amended by the ADA Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009. The ADAAA was passed in response to several Supreme Court decisions that had narrowly interpreted the ADA's definition of disability. Key changes introduced by the ADAAA include:

1. Broadening the definition of disability to cover more individuals and types of impairments.
2. Rejecting the consideration of mitigating measures (e.g., medication, assistive technology) when determining if an impairment substantially limits a major life activity.
3. Expanding the list of major life activities to include specific examples such as reading, concentrating, and major bodily functions.
4. Clarifying that episodic impairments or those in remission are considered disabilities if they would substantially limit a major life activity when active.
5. Easing the "regarded as" prong of the disability definition, making it easier for individuals to establish coverage under this provision.

These amendments aimed to restore the original intent of the ADA by ensuring broader coverage and protection for individuals with disabilities8.

The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law that prohibits discrimination against workers who are 40 years of age or older. Key aspects of the ADEA include:

1. Scope: It applies to employers with 20 or more employees, including private companies, state and local governments, employment agencies, labor organizations, and the federal government.
2. Protections: The ADEA prohibits discrimination in various aspects of employment, including:
   • Hiring, firing, and promotion decisions
   • Compensation and benefits
   • Job assignments and training
   • Any other terms, conditions, or privileges of employment
3. Prohibited practices:
   • Using age preferences or limitations in job postings or recruitment
   • Denying or reducing benefits to older employees
   • Mandatory retirement (with limited exceptions)
   • Creating a hostile work environment based on age5
4. Exceptions: The ADEA allows for age to be considered a "bona fide occupational qualification" (BFOQ) in limited circumstances where it is reasonably necessary for the normal operation of the business.
5. Enforcement: The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the ADEA.
6. Legal process: Before filing a lawsuit, an individual must first file a complaint with the EEOC and receive a Notice of Right to Sue.

The ADEA aims to promote the employment of older workers based on their abilities rather than age and to prohibit arbitrary age discrimination in the workplace1. It's important to note that the ADEA does not prohibit favoring an older employee over a younger one, even if both are over 40 years old.

In & OutSolve Ep.01

Jeremy Mancheski, OutSolve Founder and CEO, and Vickie LeNormand, Senior Vice President of Operations, sat down on January 28, 2025, to talk through all the changes that have occurred in the federal contracting community since the Inauguration on January 20, 2025.  

In this episode of IN & OutSolve, you will gain insight from two industry experts on: 

• The history of Executive Order 11246 and the impact of it being rescinded. 

• Key distinctions between DEI, affirmative action requirements, and non-discrimination in employment practices. 

• Implications of rescinding EO 11246 for the OFCCP, including the closure of all ongoing audits. 

• Overview of remaining laws in effect, including Section 503 of the Rehabilitation Act, VEVRAA, and Title VII. 

• Practical guidance for federal contractors on the steps they should take right now to ensure compliance. 

Resources

Upcoming Webinar

DEI, Affirmative Action, and Non-Discrimination are all very similar terms with key differences. Join OutSolve Founder and CEO, Jeremy Mancheski, on Tuesday, February 25, 2025, at 2PM Eastern as he discusses what the differences are between these three terms, their history, and what they mean under the new administration.  

February 25, 2025 | 2:00 PM ET

Here for you

The team at OutSolve is here to help make sure your organization remains compliant with all federal civil rights laws and regulations. We are your trusted partner in compliance and are here to help you navigate this transition period by offering our expertise and guidance.  

If you are interested in learning more about how OutSolve can help your organization, contact us to schedule a call with a member of our sales team today.