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Federal Laws Prohibiting Job Discrimination

 

Image of U.S. Capitol dome, illuminated at night.This topic provides an overview of Federal laws that prohibit job discrimination, in a question and answer format. The questions and answers are grouped together under several sections. You may read through the topic in sequence or jump to a specific section by following the links below.

 

             Federal Equal Employment Opportunity (EEO) Laws

o    1. What Are the Federal Laws Prohibiting Job Discrimination?

             Discriminatory Practices

o    2. What Discriminatory Practices Are Prohibited by These Laws?

o    3. What Other Practices Are Discriminatory Under These Laws?

             Employers And Other Entities Covered By EEO Laws

o    4. Which Employers and Other Entities Are Covered by These Laws?

             The EEOC'S Charge Processing Procedures

o    5. Who Can File a Charge of Discrimination?

o    6. How Is a Charge of Discrimination Filed?

o    7. What Information Must Be Provided to File a Charge?

o    8. What Are the Time Limits for Filing a Charge of Discrimination?

o    9. What Agency Handles a Charge that is also Covered by State or Local Law?

o    10. What Happens after a Charge is Filed with EEOC?

o    11. How Does EEOC Resolve Discrimination Charges?

o    12. When Can an Individual File an Employment Discrimination Lawsuit in Court?

o    13. What Remedies Are Available When Discrimination Is Found?

             The Equal Employment Opportunity Commission (EEOC)

o    14. What Is EEOC and How Does It Operate?

             Information And Assistance Available From EEOC

o    15. What Information and Other Assistance Is Available from EEOC?

             Additional Information

o    Civil Service Reform Act of 1978 (CSRA)

o    Immigration Reform and Control Act (IRCA) of 1986

o    Federal Sector EEO Complaint Processing

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Federal Equal Employment Opportunity (EEO) Laws

1. What Are the Federal Laws Prohibiting Job Discrimination?

             Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

             the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

             the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

             Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

             Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

             the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).

See the Additional Information section of this topic for more details about the content and enforcement of the Civil Service Reform Act of 1978 (CSRA) with information about the OPM, OSC, and MSPB.

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Discriminatory Practices

2. What Discriminatory Practices Are Prohibited by These Laws?

Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:

             hiring and firing;

             compensation, assignment, or classification of employees;

             transfer, promotion, layoff, or recall;

             job advertisements;

             recruitment;

             testing;

             use of company facilities;

             training and apprenticeship programs;

             fringe benefits;

             pay, retirement plans, and disability leave; or

             other terms and conditions of employment.

Discriminatory practices under these laws also include:

             harassment on the basis of race, color, religion, sex, national origin, disability, or age;

             retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;

             employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and

             denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of their rights under the laws the Equal Employment Opportunity Commission (EEOC) enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

NOTE: Many states and municipalities also have enacted protections against discrimination and harassment based on disability, sexual orientation, status as a parent, marital status and political affiliation. For additional information, contact the EEOC District Office nearest you.

3. What Other Practices Are Discriminatory Under These Laws?

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

A rule requiring that employees speak only English on the job may violate Title VII of the Civil Rights Act of 1964 unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

See the Additional Information section of this topic for more details about the content and enforcement of the Immigration Reform and Control Act (IRCA) of 1986.

Religious Accommodation

An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

Sex Discrimination

Title VII of the Civil Rights Act of 1964 contains broad prohibitions against sex discrimination that specifically cover:

             Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)

             Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. See the Family and Medical Leave Act of 1993 (FMLA) topic for comprehensive information.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) incorporates a broad ban against age discrimination and also specifically prohibits:

             statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);

             discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and

             denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Equal Pay Act (EPA)

The Equal Pay Act of 1963 (EPA) prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that under the EPA:

             Employers may not reduce wages of either sex to equalize pay between men and women.

             A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.

             A violation may also occur where a labor union causes the employer to violate the law.

Titles I and V of the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

             Individual with a Disability. An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

             Qualified Individual with a Disability. A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

             Reasonable Accommodation. Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

             Undue Hardship. An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

             Prohibited Inquiries and Examinations. Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

             Drug and Alcohol Use. Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

See the Americans with Disabilities Act (ADA) topic for comprehensive information.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by Equal Employment Opportunity Commission (EEOC). Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities.

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Employers And Other Entities Covered By EEO Laws

4. Which Employers and Other Entities Are Covered by These Laws?

Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

The Age Discrimination in Employment Act (ADEA) covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

The Equal Pay Act (EPA) covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.

Title VII, the ADEA, and the EPA also cover the Federal government. In addition, the Federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.

The Civil Service Reform Act of 1978 (CSRA) (not enforced by EEOC) covers most federal agency employees except employees of a government corporation, the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, any executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities, or the General Accounting Office.

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The Equal Employment Opportunity Commission (EEOC)'s Charge Processing Procedures

5. Who Can File a Charge of Discrimination?

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

6. How Is a Charge of Discrimination Filed?

A charge may be filed by mail or in person at the nearest Equal Employment Opportunity Commission (EEOC) office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.

Federal employees or applicants for employment should see the Additional Information section of this topic for information about Federal Sector Equal Employment Opportunity Complaint Processing.

7. What Information Must Be Provided to File a Charge?

             The complaining party's name, address, and telephone number;

             The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;

             A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and

             The date(s) of the alleged violation(s).

Federal employees or applicants for employment should see the Additional Information section of this topic for information about Federal Sector Equal Employment Opportunity Complaint Processing.

8. What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by the Equal Employment Opportunity Commission (EEOC), except the Equal Pay Act, require filing a charge with the EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For Age Discrimination in Employment Act (ADEA) charges, only state laws extend the filing limit to 300 days.

These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect legal rights, it is always best to contact the EEOC promptly when discrimination is suspected.

Federal employees or applicants for employment should see the Additional Information section of this topic for information about Federal Sector Equal Employment Opportunity Complaint Processing.

9. What Agency Handles a Charge that is also Covered by State or Local Law?

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The Equal Employment Opportunity Commission (EEOC) refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," the EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.

             If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with the EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.

             If a charge is filed with the EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.

10. What Happens after a Charge is Filed with EEOC?

The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled:

             A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred.

             The Equal Employment Opportunity Commission (EEOC) can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues.

             In investigating a charge, the EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, the EEOC will discuss the evidence with the charging party or employer, as appropriate.

             The charge may be selected for the EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation.

             A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf.

Federal employees or applicants for employment should see the Additional Information section of this topic for information about Federal Sector Equal Employment Opportunity Complaint Processing.

11. How Does EEOC Resolve Discrimination Charges?

             If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.

             If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. The Equal Employment Opportunity Commission (EEOC) will then attempt conciliation with the employer to develop a remedy for the discrimination.

             If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither the EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.

             If the EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If the EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII of the Civil Rights Act of 1964 and Americans with Disabilities Act (ADA) cases against state or local governments, the Department of Justice takes these actions.

Federal employees or applicants for employment should see the Additional Information section of this topic for information about Federal Sector Equal Employment Opportunity Complaint Processing.

12. When Can an Individual File an Employment Discrimination Lawsuit in Court?

A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), a charging party also can request a notice of "right to sue" from the Equal Employment Opportunity Commission (EEOC) 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the Age Discrimination in Employment Act (ADEA), a suit may be filed at any time 60 days after filing a charge with the EEOC, but not later than 90 days after the EEOC gives notice that it has completed action on the charge.

Under the Equal Pay Act (EPA), a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.

Federal employees or applicants for employment should see the Additional Information section of this topic for information about Federal Sector Equal Employment Opportunity Complaint Processing.

13. What Remedies Are Available When Discrimination Is Found?

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

             back pay,

             hiring,

             promotion,

             reinstatement,

             front pay,

             reasonable accommodation, or

             other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination).

Remedies also may include payment of:

             attorneys' fees,

             expert witness fees, and

             court costs.

Under most laws enforced by the Equal Employment Opportunity Commission (EEOC), compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments.

In cases concerning reasonable accommodation under the Americans with Disabilities Act (ADA), compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation.

An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

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The Equal Employment Opportunity Commission (EEOC)

14. What Is EEOC and How Does It Operate?

The Equal Employment Opportunity Commission (EEOC) is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chair and a Vice-Chair. The Chair is the chief executive officer of the Commission. The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation.

EEOC carries out its enforcement, education and technical assistance activities through 51 field offices serving every part of the nation.

The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).

See the separate Equal Employment Opportunity Commission (EEOC) topic for comprehensive information.

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Information And Assistance Available From EEOC

15. What Information and Other Assistance Is Available from EEOC?

EEOC provides a range of informational materials and assistance to individuals and entities with rights and responsibilities under EEOC-enforced laws. Most materials and assistance are provided to the public at no cost. Additional specialized training and technical assistance are provided on a fee basis under the auspices of the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992. For information on educational and other assistance available, contact the nearest EEOC office by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).

Publications available at no cost include posters advising employees of their EEO rights, and pamphlets, manuals, fact sheets, and enforcement guidance on laws enforced by the Commission. For a list of EEOC publications, or to order publications, write, call, or fax:

U.S. Equal Employment Opportunity Commission
Publications Distribution Center
P.O. Box 12549
Cincinnati, Ohio 45212-0549

Phone: 1-800-669-3362
TTY: 1-800-800-3302
Fax: (513) 489-8692

Telephone operators are available to take orders (in English or Spanish) from 8:30 a.m. to 5:00 p.m. (EST), Monday through Friday. Orders generally are mailed within 48 hours after receipt.

Additionally, many EEOC publications may be ordered online. See the order form and list of available publications at:
http://www.eeoc.gov/publications.html

See the separate Equal Employment Opportunity Commission (EEOC) topic for additional comprehensive information.

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Additional Information

This section contains additional information about:

             Civil Service Reform Act of 1978 (CSRA)

             Immigration Reform and Control Act (IRCA) of 1986

             Federal Sector EEO Complaint Processing

Civil Service Reform Act of 1978 (CSRA)

 

Office of Special Counsel (OSC)

The twelve personnel practices prohibited by CSRA, as well as substantial additional information related to the CSRA and the role of the Office of Special Counsel (OSC) in its enforcement may be found on the OSC website at:
http://www.osc.gov/ppp.htm

Complaints alleging prohibited personnel practices in federal employment as well as requests for appropriate forms may be directed to the OSC at:

Complaints Examining Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 201
Washington, D.C. 20036-4505

Phone: (202) 653-7188
Toll-free: 1-800-872-9855

Internet: http://www.osc.gov/

 

Office of Personnel Management (OPM)

Additional information about the enforcement of the CSRA may be found on the Office of Personnel Management (OPM) web site at:
http://www.opm.gov/er/address2/guide01.asp

Contact OPM at:

Office of Personnel Management
1900 E Street NW
Washington, DC 20415-1000

Phone: (202) 606-1800
TTY: (202) 606-2532

Internet: http://www.opm.gov/

 

Merit Systems Protection Board (MSPB)

The U.S. Merit Systems Protection Board (MSPB) is an independent agency in the Executive branch of the Federal Government whose mission is to ensure that Federal employees are protected against abuses by agency management, that Executive branch agencies make employment decisions in accordance with the merit system principles, and that Federal merit systems are kept free of prohibited personnel practices. It hears and decides cases brought by the Special Counsel involving alleged prohibited personnel practices, as defined in Title 5, Section 2302, of the United States Code.

Contact MSPB at:

U.S. Merit Systems Protection Board
1615 M Street NW
Washington, DC 20419-0001

Phone: (202) 653-7124
Toll-free: 1-800-209-8960
V/TDD: 1-800-877-8339 (Federal Relay Service)

Internet: http://www.mspb.gov

 

Title 5, Section 2302, of the United States Code

The complete text of 2302(b) of Title 5 of the United States Code (U.S.C.) may be found online at:
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+176+0++%28%29%20%20AN

Immigration Reform and Control Act (IRCA) of 1986

The Immigration and Nationality Act (INA) is the federal law governing almost all immigration matters. The amendment of INA to include the Immigration Reform and Control Act in 1986 established the Office of Special Counsel for Immigration-Related Unfair Employment Practices to enforce the INA antidiscrimination provisions. Additional information about IRCA may be obtained and discrimination charges may be filed with this Office.

Charges or written inquiries should be sent to:

U.S. Department of Justice
Civil Rights Division
Office of Special Counsel for
Immigration-Related Unfair Employment Practices
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Phone: 1-800-255-7688 (voice)
TTY: 1-800-237-2515 (TTY for employees/applicants)
TTY: 1-800-362-2735 (TTY for employers)
Other: 1-800-255-8155 (automated telephone hotline)

Internet: http://www.usdoj.gov/crt/osc/

A brochure titled Federal Protections Against National Origin Discrimination and available in 17 different languages, contains information about federal laws that prohibit national origin discrimination, how the Civil Rights Division of the U.S. Department of Justice can help, and how you can file a complaint. The brochure is available online at:
http://www.usdoj.gov/crt/legalinfo/nordwg_brochure.html

A list of links to CFR/USC legal references about immigration-related employment practices is available at:
http://www.usdoj.gov/crt/osc/htm/ref.htm

Federal Sector EEO Complaint Processing

Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing Regulations, available online at:
http://www.eeoc.gov/facts/fs-fed.html

Additionally, there is a detailed EEOC fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing Procedures, available online at:
http://www.eeoc.gov/federal/fedprocess.html

Finally, the EEOC maintains a comprehensive Federal Sector Information website at:
http://www.eeoc.gov/federal/index.html

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See also:

Equal Employment Opportunity Commission (EEOC) - Overview

Disability Rights Laws - Overview

Americans with Disabilities Act (ADA)

Job Applicants and the ADA

Employment Rights and the ADA

Source

Most information for this topic was drawn from the EEOC website at:
http://www.eeoc.gov/facts/qanda.html

Additional information was drawn from pages on websites of other agencies:
http://www.osc.gov/
http://www.opm.gov/
http://www.mspb.gov
http://www.usdoj.gov/crt/osc/htm/facts.htm


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NOTE: Sponsored links and commercial advertisements help make the WorkWORLD™ website possible by partially defraying its operating and maintenance expenses. No endorsement of these or any related commercial products or services is intended or implied by the Employment Support Institute or any of its partners. ESI and its partners take no responsibility for, and exercise no control over, any of these advertisements or their views or contents, and do not vouch for the accuracy of the information contained in them. Readers are cautioned to verify all information obtained from these advertisements prior to taking any actions based upon them. The installed WorkWORLD software does not contain advertisements of any kind.

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