University of Illinois Extension
Civil Rights Regulations and Legislation
- Civil Rights Act of April 9, 1866
The first Civil Rights Act, enacted shortly after the abolition of slavery, granted all citizens of the United States the same rights irrespective of race and national origin. Amended by the 1991 Civil Rights Acts, the 1866 law extends protection against discrimination in selection as well as in all other terms and conditions of employment.
- Equal Pay Act of 1963
Requires all employers subject to the Fair Labor Standards Act (FLSA) to provide equal pay for men and women performing similar work. In 1972, through Title IX of the Education Amendments Act, coverage of this act was extended beyond employees covered by FLSA to an estimated 15 million additional executive, administrative and professional employees, and to outside salespeople.
- Title VI of The Civil Rights Act of 1964
Prohibits discrimination based on race, color, or national origin in all programs or activities that receive federal financial assistance. Most complaints of discrimination are filed under Title VII as a violation of equal employment. The Equal Employment Opportunity Commission (EEOC), issues guidelines for agencies to follow to ensure against discrimination. EEOC assists employers and employees in interpretating of the spirit of the letter of the law.
- Title VII of The Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act)
Prohibits discrimination because of race, color, religion, sex, or national origin, in any term, condition, or privileges of employment (including hiring, firing, promotion, and compensation) in all institutions with 15 or more employees. The U.S. Equal Employment Opportunity Commission(EEOC) was created to administer Title VII and to ensure equal treatment for all in employment. In 1972, Congress amended Title VII, giving EEOC direct access to the courts. As a result, legal actions have increased substantially.
- USDA Secretary's Memorandum No. 1560
Issued on July 10, 1964 by the Secretary of Agriculture, this directive called for the implementation of the Civil Rights Act of 1964 in USDA-funded programs and activities.
- Amendment to Section B.II.B.2. of Supplemental Instructions for Administration of Title VI of the Civil Rights Act of 1964. Dated July 2, 1965.
Issued on October 6, 1965 by the Administrator, Extension Service, USDA, this policy statement said each State Extension Director shall be responsible for determining that Extension personnel assist or conduct programs only through those private organizations that do not discriminate on the basis of race, color, or national origin. Written notification of this Extension Service policy must be given to appropriate officials of private organizations.
- Age Discrimination in Employment Act of 1967, as amended in 1978 and 1986.
Prohibits employers of 25 or more persons from discriminating against persons 40 years of age or older in any area of employment. The law protects older workers from discrimination in all aspects of employment. It is usually used to protect people who have been terminated involuntarily. Costs to settle complaints are exceedingly high.
- USDA Secretary's Memorandum No. 1662
Issued on September 23, 1969, by the Secretary of Agriculture, this directive stated the Department's policy on civil rights pertaining to training, program evaluation, compliance, employment, program/employment audits, and complaint investigations.
- USDA Secretary's Memorandum No. 1662, Supplement 1
Issued on July 27, 1970 by the Secretary of Agriculture, this directive called for the development or modification of systems to measure the quantity and quality of services being delivered to minority groups.
- USDA Secretary's Memorandum No. 1662, Supplement 2
Issued on May 28, 1971 by the Secretary of Agriculture, this directive called for renewed and strengthened efforts to ensure equal access to USDA programs by developing a Public Notification Plan (PNP) that will see that all eligible people, particularly minorities and the underprivileged, are informed of all USDA program benefits and of the protection against discrimination.
- Equal Employment Opportunity Act of 1972
This act strengthened the power and expanded the jurisdiction of the Equal Employment Opportunity Commission (EEOC) in the enforcement of Title VII. As a result, Title VII now covers:
- all private employers of one or more persons
- all educational institutions, public and private
- state and local governments
- public and private employment agencies
- labor unions with 15 or more members
- joint labor-management committees for apprenticeship and training
- National Labor Relations Act and Related Laws
Discrimination on the basis of race, religion, or national origin may violate rights arising under these laws.
- Title IX. Education Amendments Act of 1972
Extends coverage of the Equal Pay Act; The specific purpose of Title IX is to prohibit discrimination against individuals in federally funded programs or activities and in every aspect of employment because of a person's gender. Title IX provisions include prohibitions against male/female job-related stereotyping, sexual harassment, unequal opportunities for training, advancement, and other benefits of employment.
- USDA Secretary's Memorandum No. 1662, Supplement 5
Issued on May 18, 1972 by the Secretary of Agriculture, this directive promotes parity of participation by minority groups in the benefits of USDA programs and provides approved targets against which performance can be measured.
- Rehabilitation Act of 1973
Prohibits discrimination in employment against qualified individuals on the basis of physical or mental disabilities. The 1973 act requires affirmative action for the handicapped and provides "reasonable accommodations" for the handicapped. This law is enforced by the Office of Federal Contract Compliance Program (OFCCP). The ADA does not require affirmative action but is broader than the Rehabilitation Act. The ADA provides more information on what is meant by "qualified," provides for a jury trial, and is enforced by the EEOC.
- Vietnam Era Veterans Act of 1974
Requires federal contractors to make special efforts to employ persons who served in the Vietnam War.
- Pregnancy Disability Act (1978 Amendment of Title VII)
States that institutions may not discriminate against workers because of pregnancy, childbirth, or related conditions in any employment policy. The act applies to educational institutions.
- Americans with Disabilities Act of 1990
Prohibits discrimination against people with disabilities in the areas of employment, public accommodations and services, transportation, and telecommunications.
- Civil Rights Act of 1991
Provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace; conforms statutory guidelines for the adjudication of disparate impact suits under Title VII of the Civil Rights Act of 1964; and responds to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.
- Executive Order 11246
Requires federal contractors and subcontractors to prepare written affirmative action plans (AAP). The purpose of these plans is to ensure measurable, yearly improvements in hiring, training, and promotion of people of color and females in job categories and to the level at which they are seriously underrepresented.
- State Law
Many state laws prohibit employment discrimination. When EEOC receives discrimination charges, it may defer them for a limited time to state agencies with comparable jurisdiction such as the Pennsylvania Human Relations Commissions. If satisfactory remedies are not achieved, the charges revert to EEOC for resolution.