APPENDIX F: Applicable Laws

I. Civil Rights Act of 1866
This act protects all persons from discrimination because of their race or national origin.  This law was enacted shortly after the abolition of slavery but had little effect for the first hundred years.  In the last twenty years, however, individuals have won race discrimination suits under this act.  In 987, the Supreme Court ruled that Arabs and Jews were protected under this law because they were “perceived” as a race.  This law provides protection in situations not specifically covered by the Civil Rights Act of 1964.  Unlike the 1964 Act, the 1866 allows individuals to use for compensatory and punitive damages, which results in much costlier settlements for employers.  Individuals also do not have to follow the time requirements for filing that exist under the 1964 Act.

II. The Equal Pay Act of 1963
The Equal Pay Act gives men and women the right to earn equal pay for doing substantially the same work.  Protection from sex discrimination in wages is guaranteed by this law.  To correct the pay inequities, employers must raise the wages of women to that of men.  If employers are found guilty of “willful” discrimination, they may have to pay double or triple damages.  Pay differences that are legal under the Equal Pay Act are also valid under Title VII of the 1964 Civil Rights Act.

III. Civil Rights Act of 1964
The 1964 Civil Rights Act, as amended in 1972 and 1978, prohibits all forms of discrimination on the basis of race, color, sex, religion, or national origin.  Title VII, a section of that act, specifically prohibits discrimination in employment.  Today, most discrimination charges are filed under Title VII.   It has been subject to many differing interpretations by employers, enforcement agencies, and the courts.  Title VII applies to all public and private employers with fifteen or more employees and covers labor organizations and employment agencies as well.

IV. The Age Discrimination in Employment Act of 1967, as amended

The ADEA, enacted in 1967 and amended in 1978 and 1986, protects persons over 40 from discrimination on the basis of age in any terms or conditions of employment.

V. The Rehabilitation Act of 1973
Section 503 requires firms holding federal contracts or subcontracts of $2,500 or more to take “affirmative action to hire and advance in employment” the disabled.  Goals and timetables are not required.

            Section 504 provides that “ no otherwise qualified disabled individual in the United States shall, solely by reason of disability, be excluded from the participation in ,be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

VI. Vietnam Era Veterans Readjustment Act of 1972 as amended by the Vietnam Era Veterans’ Readjustment Assistance Act of 1974

            The Vietnam Era Veterans Readjustment Act requires firms holding federal contracts or subcontracts of $10,000 or more to take “affirmative action to hire and advance in employment” disabled Vietnam era veterans.  Goals and timetables are not required.

VII. Executive Order 11246 (1965) as amended by 11375

            Executive Order 11246 prohibits employment discrimination in the basis of race, color, religion, national origin or sex in institutions or agencies with Federal contracts of over $10,000.  Relevant contracts include both contracts for direct services and “grants” which involve a benefit to the Federal government.  Institutions or agencies covered under the Executive Order must observe non-discriminatory practices in hiring, discharge, promotion, wages, benefits, training, and all other conditions of employment.

            Revised Order No. 4, regulations implementing the Executive Order, requires institutions or agencies with Federal contracts of $50,000 or more and 50 or more employees to develop written affirmative action plans with numerical goals and timetables designed to correct underutilization of minorities and women in the workforce.

VIII. The Americans with Disabilities Act of 1990

            The Americans with Disabilities Act was signed into law in July 26, 1990.  It is an anti-discrimination statute that requires that individuals with disabilities be given the same consideration that individuals without disabilities are given.

IX. Pennsylvania Human Relations Act of 1955, as amended

            The PHRA prohibits discrimination in employment because of race, color, national origin, religion, sex, age, or disability status by public and private employers in the State of Pennsylvania.

X. Pennsylvania Veterans’ Preference Act

            The Act creates a preference in Commonwealth appointments and promotions for any “soldier”, defined as any honorably discharged person who served in the armed forces of the United States, or any women’s organization connected with these forces, during any war or armed conflict, or who has served since July 27, 1953.

XI. Pennsylvania Fair Educational Opportunities Act of 1961, as amended

            This Act prohibits educational discrimination on the basis of race, religion, color, ancestry, national origin, sex, handicap or disability.  Equality of educational opportunities requires that students, otherwise qualified, be admitted to certain educational institutions without regard to race, religion, color, ancestry, national origin, sex, handicap or disability.  It is recognized that there is a fundamental American right for members of various religious faiths to establish and maintain educational institutions exclusively or primarily for students of their own religious faith.  In such institutions students, otherwise qualified, be admitted to certain educational institutions without regard to race, religion, color, ancestry, national origin, sex, handicap or disability or, except as provided in Section 9, sex.