Applicable Laws and Statutes

Applicable Laws and Statutes

Equal Employment Opportunity  Laws are designed to protect individuals from discrimination because of their protected class status.  A Protected Class is a group of individuals protected from discrimination and harassment by anti-discrimination laws and statutes.

Age Discrimination in Employment (ADEA) of 1967 forbids age discrimination against people who are age 40 or older.  It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

The Americans with Disabilities Act of 1990 (ADA) ensures nondiscrimination on the basis of a disability and the provision of reasonable workplace accommodations for employees and appropriate academic adjustments for students. 

The Clery Act of 1990  (officially known as the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act) requires colleges and universities, including California community colleges, to record specific campus crime statistics and safety policies for consumer protection.

Equal Pay Act of 1963, part of the Fair Labor Standards Act of 1928, which prohibits discrimination based on sex in compensation for substantially equal work in the same establishment.  Wage differences resulting from seniority, merit, or wage systems that based earnings on quantity or quality of production and not on the sex of the employee do not violate the act.

 Fair Housing Act of 1968, U.S. federal legislation that protects individuals and families from discrimination in the sale, rental, financing, or advertising of housing. The Fair Housing Act, as amended in 1988, prohibits discrimination on the basis of race, color, religion, sex, disability, family status, and national origin.

 Immigration Reform and Control Act of 1986 (IRCA)provides that all employers verify that identity and employment eligibility of each person hired, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.  The law covers any person or entity employing legal aliens. Individuals in the  country illegally are not covered.

The Pregnancy Discrimination Act of 1978amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

The Pregnant Workers Fairness Act  requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship

Section 504 of The Rehabilitation Act of 1973prohibits entities receiving federal financial assistance from discrimination against qualified disabled individuals.

 Title VII of the 1964 Civil Rights Actmakes it illegal to discriminate against someone based on race, color, religion, national origin, or sex.  The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.  The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

 Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.

 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country’s uniformed services.

 Vietnam Era Veterans’ Readjustment and Assistance Act of 1974covers Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The law requires that employers with Federal contracts or subcontracts of $25,000 or more provide equal opportunity and affirmative action for covered individuals.

North Carolina Laws & Statutes

NC Employment LawsThe NC Legislature has a long history of enacting laws to ensure equal opportunity in the workplace.  NC has several state laws that establish protected classes and prohibit discrimination in employment.  Some of those laws address:

GS 143-422. 1-3 Equal Employment Practices

GS 95-151- Discrimination in Work Procedures

GS 75B. 1-7 Discrimination in Business Practices with State of NC

GS 168A Disability Discrimination

N.C. G.S. 95-28.1A(a) Prohibits discrimination based on genetic information

GS 127 B. 10-15 Military Personnel

NC GS 126 of the State Human Resources Act establishes for the government of the State a system of personnel administration under the Governor, based on accepted principles of personnel administration and applying the best methods as evolved in government and industry.

GS 126-14.2limits political hiring and requires all State departments, agencies, and institutions to select the most qualified person without regard to political affiliation or political influence.

GS 126-14.3 requires State government entities to assure open and fair competition.

GS 126-16 requires State government entities to give equal opportunity for employment

And compensation without regard to race, religion, color, national origin, sex, age, disability, or genetic information.

GS 126.16.1requires State government entities to enroll each newly appointed manager or supervisor within one year of promotion or hire in Equal Employment Opportunity training offered or approved by the Office of State Human Resources.