Title VII of the Civil Rights Act of 1964

The Civil Rights Act of 1964 is a landmark federal law that prohibits discrimination on the basis of race, color, religion, sex, or national origin. Signed into law by President Lyndon B. Johnson on July 2, 1964, it remains one of the most significant legislative achievements in U.S. history.

The Act consists of 11 titles addressing different aspects of civil rights. Key provisions include:

• Voting Rights: Prohibits unequal application of voter registration requirements.

• Public Accommodations: Outlaws discrimination in public spaces such as restaurants, theaters, and hotels.

• Public Facilities: Prohibits segregation in public facilities.

• Public Education: Mandates desegregation of public schools and colleges.

• Civil Rights Commission: Expands the authority of the Civil Rights Commission established in 1957.

• Federal Funding: Prohibits discrimination by recipients of federal financial assistance.

• Equal Employment (Title VII): Prohibits employment discrimination and establishes the Equal Employment Opportunity Commission (EEOC).

• Voting Statistics: Requires data collection on voting by race, color, and national origin.

• Enforcement: Facilitates federal oversight and enforcement of civil rights violations.

Required Employer Actions Under Title VII:

• Ensure nondiscriminatory practices in hiring, promotion, training, discipline, and benefits.

• Prohibit retaliation against employees who file complaints of discrimination.

Section 503 of the Rehabilitation Act of 1973

Section 503 prohibits employment discrimination against individuals with disabilities and requires federal contractors and subcontractors to take affirmative action to recruit, hire, and promote qualified individuals with disabilities.

Key Provisions:

• Applicability: Applies to federal contractors with contracts over $15,000. Contractors with 50+ employees and contracts over $50,000 have additional obligations.

• Requirements:

  • Develop and maintain affirmative action plans (AAPs) for individuals with disabilities.

  • Set a 7% utilization goal across job groups or the entire workforce.

  • Invite applicants and employees to voluntarily self-identify as having a disability.

  • Prohibit discrimination based on disability.

• Enforcement: U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

• Recent Changes: Strengthened in 2014 with new data collection and self-identification rules.

The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

VEVRAA, originally enacted in 1974, prohibits employment discrimination against protected veterans and requires affirmative action by federal contractors and subcontractors.

Key Provisions:

• Applicability: Applies to federal contractors with contracts of $150,000 or more and 50+ employees.

• Protected Veteran Categories:

  • Disabled veterans

  • Recently separated veterans

  • Armed Forces service medal veterans

  • Active-duty wartime or campaign badge veterans

• Contractor Responsibilities:

  • Develop a VEVRAA Affirmative Action Plan

  • Establish hiring benchmarks

  • Include EO clauses in contracts

  • Invite applicants to self-identify

  • Distribute job postings to appropriate employment services

  • Maintain records for 3 years

  • Submit annual VETS-4212 reports

• Enforcement: Enforced by the OFCCP

VETS-4212 (Veterans Employment Report)

The VETS-4212 report is a compliance requirement for certain federal contractors to track and report employment of protected veterans.

Reporting Requirements:

• Who Must File: Contractors/subcontractors with a federal contract of $150,000 or more.

• What to Report:

  • Total number of employees and protected veterans by job category and location

  • Number of new hires and how many are protected veterans

  • Employment levels during the reporting period

• Reporting Period: Any pay period between July 1 and August 31, or December 31 of the previous year.

• Filing Deadline: August 1 to September 30

• Submission Methods: Preferred method is electronic filing; alternatives include email or postal mail.

• Multi-Location Employers: Must file using electronic data if operating at 10+ hiring locations.

• Recordkeeping: Maintain self-identification records of veteran status.

EEO-1 Report (Equal Employment Opportunity Reporting)

The EEO-1 Component 1 report is a mandatory annual demographic survey required by the EEOC to monitor compliance with anti-discrimination laws.

Who Must File:

• Private employers with 100+ employees

• Federal contractors with 50+ employees and contracts of $50,000 or more

• Entities under common ownership totaling 100+ employees

Required Data:

• Employee counts by race/ethnicity, sex/gender, and job category

Filing Requirements:

• Report workforce data from a single pay period in Q4 (October–December)

• Multi-establishment employers must file:

  • Headquarters report

  • Separate establishment reports for locations with 50+ employees

  • Consolidated report for all employees

Pay Transparency Executive Order 13665

Signed on April 8, 2014, EO 13665 prohibits federal contractors from discriminating against employees or applicants who inquire about, discuss, or disclose compensation.

Key Provisions:

• Applies to: Federal contractors with contracts >$10,000

• Prohibitions: Prevents adverse actions against employees who discuss pay

• Policy Statement: Must be included in employee handbooks and posted

• Exceptions: Does not compel disclosure of pay but protects discussions about it

• Enforcement: Enforced by the OFCCP

Americans with Disabilities Act (ADA)

The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in employment and public life.

Key Titles:

• Title I (Employment): Applies to employers with 15+ employees

• Title II: Requires public services and programs to be accessible

• Title III: Mandates access to public accommodations and commercial facilities

Definition of Disability:

• A physical or mental impairment substantially limiting a major life activity

• A record of such impairment

• Being regarded as having such an impairment

ADA Amendments Act of 2008 (ADAAA)

Effective January 1, 2009, the ADAAA broadened the definition of disability and restored ADA protections.

Key Changes:

• Expanded list of major life activities (e.g., reading, concentrating)

• Disregards mitigating measures (e.g., medication) when assessing limitations

• Includes episodic or remissive conditions if limiting when active

• Easier to meet the “regarded as” standard

Age Discrimination in Employment Act (ADEA)

The ADEA of 1967 protects employees aged 40 and older from age-based employment discrimination.

Coverage:

• Applies to employers with 20 or more employees

• Covers private and public sector employers, unions, and employment agencies

Prohibited Practices:

• Discrimination in hiring, firing, promotions, compensation, and training

• Age-based preferences in job postings

• Mandatory retirement (except under specific circumstances)

Exceptions:

• Age may be a Bona Fide Occupational Qualification (BFOQ) in rare cases

Enforcement:

• Administered by the EEOC

• Requires filing a charge and receiving a Notice of Right to Sue before litigation