Juneteenth National Independence Day – This law establishes June 19th – “Juneteenth” - as a federal legal public holiday to memorialize and commemorate the end of slavery in the United States of America.
Title VII of the Civil Rights Act of 1964 (Title VII) - This law makes it illegal to discriminate against someone on the basis of 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.
The Pregnancy Discrimination Act - This law amended 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 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.
Title VI of the Civil Rights Act of 1964 (Title VI) - Language Access This law addresses the barrier that language may present for limited English proficiency (LEP) individuals. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance. Language for LEP individuals can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by federally funded programs and activities.
Patient Protection and Affordable Care Act, Section 1557 (Non-discrimination section) - This law makes it illegal to discriminate on the grounds of race, color, national origin, sex, age, or disability under “any health program or activity, any part of which is receiving Federal financial assistance … or under any program or activity that is administered by an Executive agency or any entity established under [Title I of ACA]….”
The Equal Pay Act of 1963 (EPA) - This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. 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 Age Discrimination in Employment Act of 1967 (ADEA) - This law protects people who are 40 or older from discrimination because of age. 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.
Title I of the Americans with Disabilities Act of 1990 (ADA) - This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. 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 the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
Sections 102 and 103 of the Civil Rights Act of 1991 - Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
Sections 501 and 505 of the Rehabilitation Act of 1973 - This law makes it illegal to discriminate against a qualified person with a disability in the federal government. 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 the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
The Genetic Information Nondiscrimination Act of 2008 (GINA) - This law makes it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
The Notification and Federal Antidiscrimination and Retaliation Act (No FEAR) - This law became effective on October 1, 2003. This statute imposes duties on federal agency employers to affirm their obligation to provide a work environment free of discrimination and retaliation. Among other things, it requires federal agencies to reimburse the Judgment Fund for payments made to employees, former employees or applicants because of a violation of the discrimination laws, whistleblower protection laws and retaliation. It requires an annual notice to the workforce regarding whistleblower protection laws. It also requires that agencies train each of their employees every two years on the employment discrimination and whistleblower protection laws. The No FEAR Act (which appears under 5 USC 2301 ) was amended by The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020.
The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 – This Act amends the No FEAR Act and is contained in Sec. 1131-1138 of the National Defense Authorization Act of 2021, P.L. 116-283. The Cummings Antidiscrimination Act increases agency accountability by adding requirements to publicly post findings of discrimination (including retaliation) by an agency, the EEOC, and the courts and to report to the EEOC whether disciplinary action has been proposed against an employee as a result of the violation. Agencies are also now required to establish a system to track discrimination complaints arising under 5 USC 2302 (b)(1) and adjudicated through the EEO process. In addition, if an agency takes an adverse action under 5 USC 7512 against an employee for a discriminatory act, it must include a notation of the adverse action and the reason for the action in the employee's personnel record.
To view the charts that display the key changes to the Cummings Antidiscrimination Act visit the Breakdown of the Key Changes in the Cummings Antidiscrimination Act page.
Whistleblower Protection Enhancement Act of 2012 - A statute to clarify the disclosures of information protected from prohibited personnel practices. It also requires a statement in nondisclosure policies, forms and agreements so that they conform with disclosure protections.
Uniformed Services Employment and Reemployment Rights Act, (USERRA) - This law protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. military. It also provides that returning service-members must be promptly reemployed in the same position that they would have attained had they not been absent for military service.