A. Federal Statutes

1. Employment

The Civil Rights Act of 1964 (Title VII)
This is the major federal law prohibiting discrimination in employment. Title VII, one of the most complex collections of regulations and guidelines issued by the federal government. Prohibits discrimination based on race, sex, color, religion or national origin. Title VII covers all areas of the employee-employer relationship, from advertising open positions through termination or retirement. Enforced by the U.S. Equal Employment Opportunity Commission.

The Civil Rights Act of 1991
This Act provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace; codified the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v. Duke Power Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989); confirms statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); 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.

The Equal Pay Act of 1963
Act stipulates that employees performing substantially the same work, requiring equal skill, effort, and responsibility, and performed under similar working conditions, must be paid the same rate of pay, regardless of sex. Under this Act, the employer can establish different wage rates on the basis of (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, and (4) a differential based on any factor other than sex.

The Immigration Reform and Control Act of 1986
Enacted to curb illegal immigration by imposing sanctions on employers who knowingly hire, recruit, or refer for a fee unauthorized aliens. However, the statue also recognizes enforcement of its provisions may result in discrimination against "foreign looking" or "foreign sounding" persons or against persons who are not citizens but are legally in the United States. Thus, separate provisions of the Act make it an illegal employment practice to discriminate against an individual in hiring, discharging, recruiting or referring for a fee because of that person's national origin or citizenship status. Further, an employer may not impose a blanket citizenship requirement unless justified by one of the following exceptions: 1) such discrimination is required to comply with law, regulation, or executive order; 2) such discrimination is required by Federal, State, or local government contract; or 3) such discrimination is determined by the Attorney General to be essential to doing business with an agency or department of the Federal, State, or local government. However, an employer is permitted to give preference to a citizen or national of the United States over another individual who is an alien provided the two individuals are equally qualified.

The Rehabilitation Act of 1973, Section 503 and Section 504
This Act prohibits discrimination against the disabled and requires institutions to take affirmative action to hire and promote qualified disabled persons and to make academic programs accessible to disabled persons. Institutions are not required to set goals or to perform utilization analyses but must recruit and consider disabled persons for vacant positions. Institutions must also make "reasonable accommodation" to the physical or mental limitations of otherwise qualified disabled employees, such as providing special equipment or modifying the job. The major impact of 503 and 504 has been on structural changes required to make programs accessible for disabled students. Compliance with both 503 and 504 is a responsibility of institutions with federal contracts exceeding $2,500 annually. Enforced by the Office of Federal Contract Compliance Programs and the Office for Civil Rights, U.S. Department of Education.

The Vietnam Era Veterans Readjustment Act of 1974
This Act prohibits discrimination in employment against disabled veterans and veterans of the Vietnam era by institutions holding federal contracts exceeding $10,000 annually. Requires employers to list all suitable employment openings with the state employment service. Enforced by the Office of Federal Contract Compliance Programs.

The Americans with Disabilities Act of 1990
This Act prohibits employers from discriminating against "otherwise" qualified disabled individuals in hiring, advancement, discharge, compensation, training, and other terms, conditions and privileges of employment (such as job assignment, return from layoff, leaves of absence, selection for professional meetings or conferences, and participation in employer-sponsored social or recreational programs). Enforced by the U.S. Department of Justice, the Office for Civil Rights, U.S. Department of Education and the U.S. Equal Employment Opportunity Commission.
 

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2. Access to Programs

Title IX of the Education Amendments of 1972
Act prohibits sex discrimination in educational programs or activities in situations with federal contracts, grants, and loans. Modeled after Title VI of the 1964 Civil Rights Act. Title IX affects student admissions, financial aid, and academic programs. The greatest impact of Title IX has been on inter-collegiate athletic programs. Enforced by the Office of Civil Rights, U.S. Department of Education.

The Age Discrimination Act of 1975
Act prohibits discrimination on the basis of age in programs or activities which receive federal financial assistance. Unlike the Age Discrimination in Employment Act of 1967, this statute does not limit protection to those persons who are between 40 and 70 years of age.
Either federal enforcement agencies or affected individuals may initiate court action against a recipient of federal funds to compel compliance and/or seek redress. However, individuals must notify the Secretary of Health and Human Services, the Attorney General, and the recipient of the funds in advancing their suit.

The Rehabilitation Act of 1973, Section 504
 

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B. Federal Executive Orders

Executive Order 11141
Declares it to be against federal policy for contractors and subcontractors, in performance of federal government contracts, to discriminate against employees or job applicants on account of age. No specific age parameters are mentioned; and Executive Order 11141 does not create an individual right that is enforceable in federal district courts.
 

C. State Laws "Iowa"

The Iowa Civil Rights Act of 1965
Prohibits discrimination on the basis of race, color, religion, sex, age, national origin, and mental or physical disability in the areas of employment, housing, public accommodations, credit and education.

Executive Order Number 15, as amended
Prohibits discrimination on the basis enumerated in the Iowa Civil Rights Act of 1965 and, further, requires all state agencies to take affirmative action.

Executive Order Number 18
Replaces Executive Order Number 7 and reaffirms a commitment to equal opportunity, to affirmative action (to the extent provided by law), and directs that a workforce diversity program be created to promote a work environment that values the contribution of each employee.

Executive Order Number 46
Reaffirms the state's commitment to equal opportunity and affirmative action in state government. It supplements Executive Order Number 15 by designating the Iowa Civil Rights Commission as the coordinator of affirmative action efforts for all state agencies responsible to the Governor. Agencies not responsible to the Governor are encouraged to develop and implement affirmative action measures consistent with those promulgated by the Civil Rights Commission.