The following are selected laws and regulations on discrimination in employment and education.
The Equal Pay Act of 1963 (EPA) was enacted as an amendment to the Fair Labor Standards Act, forbidding sex-based wage discrimination in employment.
Title VII of the Civil Rights Act of 1964 prohibits discrimination against applicants and employees on the basis of race, color, sex, religion, and national origin. The 1978 amendment provides that discrimination because of pregnancy is sex discrimination. The Civil Rights Act of 1991 was enacted to provide for jury trials in Title VII cases and to expand the remedies available to plaintiffs under the civil rights laws by providing for compensatory and punitive damages, with statutory caps, under Title VII, the ADA, and the Rehabilitation Act.
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination on the basis of age against applicants and employees who are forty years of age and older.
The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination in employment on the basis of national origin and citizenship.
Americans with Disabilities Act of 1990 (ADA), Title I prohibits discrimination on the basis of disability by employers. The law also requires an employer to provide reasonable accommodation to qualified applicants and employees with disabilities unless doing so would cause an undue hardship. The ADA Amendments Act of 2008 (ADAAA) expanded the definition of disability to include, among other things, additional major life activities (including major bodily functions) and episodic impairments.
Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees 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.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) ensures 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.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination by employers and insurers on the basis of genetic information about potentially inheritable diseases and health conditions.
Texas Labor Code, Chapter 21 provides for the execution of the Civil Rights Act of 1964 and Americans with Disabilities Act of 1990 as well as their subsequent amendments for persons of this state.
Texas Labor Code, Chapter 657 provides for veteran’s preference in employment over other applicants for the same position who do not have a greater qualification. The following individuals qualify for a veteran’s employment preference: (1) a veteran, including a veteran with a disability; (2) a veteran’s spouse who has not remarried; and (3) an orphan of a veteran if the veteran was killed while on active duty.
Executive Order 11246, as amended, prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin in employment, and requires affirmative action to ensure equality of opportunity in all aspects of employment.
Rehabilitation Act of 1973, Section 503 prohibits discrimination against qualified individuals with disabilities in employment, and requires affirmative action to employ and advance qualified individuals with disabilities.
Vietnam Era Veterans Readjustment Act of 1974 (VEVRRA) prohibits discrimination against protected veterans in employment, and requires affirmative action to recruit, hire, promote, and retain protected veterans. The term “protected veteran” includes: (1) Disabled Veterans; (2) Active Duty, Wartime, or Campaign Badge Veterans; (3) Armed Forces Service Medal Veterans; and (4) Recently Separated Veterans.
Pay Transparency Nondiscrimination Provision provides applicants and employees with notice that employers covered by Executive Order 11246, as amended, will not discriminate against them for inquiring about, discussing or disclosing their pay or, in certain circumstances, the pay of their co-workers.
Programs/Activities Receiving Federal Financial Assistance and Public Entities
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in any program or activity receiving Federal financial assistance.
Title IX of the Educational Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities and extends coverage to employment and admission to institutions receiving federal financial assistance.
Rehabilitation Act of 1973, Section 504 protects people from discrimination in admission, employment, treatment, or access based on disability in programs or activities receiving federal financial assistance. It also requires that covered entities provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school’s program, unless doing so would fundamentally alter the program or impose an undue burden.
Age Discrimination Act of 1975 prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance.
Americans with Disabilities Act of 1990 (ADA), Title II prohibits discrimination on the basis of disability by state and local governments (public entities). It also requires that covered entities make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless making the modifications would fundamentally alter the nature of the service, program, or activity. The ADA Amendments Act of 2008 (ADAAA) expanded the definition of disability to include, among other things, additional major life activities (including major bodily functions) and episodic impairments.