United States ConstitutionCivil Rights Act 1866, 1964, 1991Age Discrimination in Employment Act, 1967Immigration Reform and Control Act, 1986Americans with Disabilities Act, 1990Genetic Information Nondiscrimination Act ,2008Laws Enforced by EEOC

Commerce Clause – Congress regulates interstate commerce – provides federal reach into employment practice

1st Freedom of Speech, of the Press, of Religion, of Peaceable Assembly, Petition government for redress of grievances

4th Amendment – prohibits unreasonable search, need for probable cause 5th Amendment – fair and speedy trial, due process, right to silence

11th Amendment – Federal judiciary has no role in disputes of citizens with states or with foreign powers - requires legal issues with states to be resolved in state courts, federal issues to be resolved in federal courts

14th Amendment – all born or naturalized are citizens; equal protection; due process guaranteed

19th Amendment – Women have the right to vote

The United States Constitution

1866 – All persons shall have the right to “make and enforce contracts” as enjoyed by white people … becomes 14th Amendment to Constitution

1964 – Title VII - Employers may not use race, color, religion, sex, or national origin to discriminate in employment decisions

Title VII of the Civil Rights Act of 1964 1991 – revises procedural details, nature of

evidence and the range of remedies availableCivil Rights Act of 1991Lilly Ledbetter Fair Pay Act of 2009

Prohibits discriminating on age in employment if the person is 40 or more years old

The Age Discrimination in Employment Act of 1967 (ADEA)

Prohibits employers from using “nonjob-related disabilities” against people in hiring

Requires employers to consider applicants and employees “with or without a reasonable accommodation” related to a disability

Prohibits employers from inquiring about a disability during employment screening

Titles I and V of the Americans with Disabilities Act of 1990 (ADA)The ADA Amendments Act of 2008

Builds on CRA 1964 national origin nondiscrimination

Requires employers to certify that applicants have legal right to work in the United States

Employers may be fined if they “knowingly” hiring worker who does not have legal right to work in US

National Origin Discrimination IRCA 1986

Prohibits using genetic information for employment screening

Genetic Information Nondiscrimination Act of 2008