Archive for 'Federal HR Laws' Category
Civil Rights Act of 1866
10 July 2006Civil Rights Act of 1866, 42 U.S.C. §1981
Coverage and Prohibition: Enacted to fulfill the purposes of the Thirteenth Amendment’s abolition of slavery, the Act provides that all persons shall have the same right to make and enforce contracts as is enjoyed by white citizens. As amended by the Civil Rights Act of 1991 (see below), […]
Civil Rights Act of 1871
10 July 2006Civil Rights Act of 1871, 42 U.S.C. §1983
Coverage and Prohibition: Section 1983 protects public employees from discriminatory employment actions that deprive them of any federal or constitutional right. It was passed to carry out the purposes of the Fourteenth Amendment and prohibits “persons” acting under the “color of any statute, ordinance, regulation, custom, or usage” […]
National Labor Relations Act (1935)
10 July 2006(as amended by the Labor Management Relations Act of 1947), 29 U.S.C. §§141-169
Coverage and Prohibition: The National Labor Relations Act (“NLRA”) applies to employers in all industries affecting commerce and to all employees (not just union employees) except agricultural laborers, individuals employed in the domestic service of a family or person, individuals employed […]
Fair Labor Standards Act (1938)
10 July 2006Fair Labor Standards Act (1938), 29 U.S.C. §§201-219
Coverage and Prohibition: The Fair Labor Standards Act (“FLSA”) covers most employers in the public and private sectors. The Act requires, first, that covered employers pay at least the minimum wage ($5.15 an hour) to nonexempt employees; second, that covered employers generally pay time and one-half to nonexempt […]
Portal to Portal Pay Act (1947)
10 July 2006Portal to Portal Pay Act (1947), 29 U.S.C. §§251-262
Coverage and Prohibition: This Act applies to all employees subject to the Fair Labor Standards Act (“FLSA”), and the intent of the legislation was to abolish certain judicial interpretations of the FLSA. The Supreme Court had held that the time employees spent walking from the plant gates […]
Equal Pay Act (1963)
10 July 2006Equal Pay Act (1963), 29 U.S.C. §206(d)
Coverage and Prohibition: The Equal Pay Act amended the Fair Labor Standards Act (“FLSA”) and covers the same employers. The Act prohibits an employer from discriminating on the basis of sex by paying persons of one sex less than the wage paid to persons of the opposite sex in […]
Civil Rights Act of 1964
10 July 2006Civil Rights Act of 1964
Title VI - Nondiscrimination in Federally Assisted
Programs, 42 U.S.C. §2000d
Coverage and Prohibition: Programs and activities receiving federal financial assistance are prohibited from excluding persons on the basis of race, color, or national origin.
Enforcement: Enforcement actions can be undertaken by the agency granting financial assistance, and such actions are subject to judicial […]
Civil Rights Act of 1964
10 July 2006Civil Rights Act of 1964
Title VII – Equal Employment Opportunity, 42 U.S.C. §§2000e et seq.
Coverage and Prohibition: Employers with 15 or more employees are prohibited from discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment because of that individual’s race, color, religion, sex, or national origin.
Enforcement: Title VII is administered […]
Executive Order No. 11246 (1965)
10 July 2006Executive Order No. 11246 (1965), 30 Fed. Reg. 12319
Coverage and Prohibition: By this Order, every employer with a federal contract of $10,000 or more is prohibited from discriminating against employees or job applicants on the basis of race, color, religion, sex, or national origin. For contractors employing 50 or more employees and contracts exceeding $50,000, […]
Higher Education Act (1965)
10 July 2006 (as amended by the Educational
Amendments of 1972, Title IX), 20 U.S.C. §§1681-1686
Coverage and Prohibition: The Act prohibits sex discrimination with respect to employees as well as students by any educational program or activity receiving federal financial assistance.
Enforcement: The Act is enforced by the individual agencies granting federal financial assistance. Private plaintiffs may bring suit under […]