Summary of Relevant Equal Employment Opportunity Legislation, Regulations, and Management Directives

060 FW 1
060 FW 1, FWM 262, 07/23/96
Originating Office
Office of Diversity and Inclusive Workforce Management
Legislation and Regulations:
Federal Sector Equal Employment Opportunity (29 C.F.R. Part 1614)Provides the basic EEOC guidelines on the management of the EEO program and the EEO complaint process.
Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e)Prohibits employment discrimination based on race, color, religion, sex, or national origin.
The Civil Rights Act of 1991 (Pub. L. 102-166)

Amends the Civil Rights Act of 1964 to:

·  Strengthen and improve Federal civil rights laws,

·  Provide for damages in cases of intentional employment discrimination,

·  Clarify provisions about disparate impact actions,

·  Provide monetary damages in cases of intentional employment discrimination.

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (NO FEAR), (Pub. L. 107-174)

Requires that Federal agencies:

·  Be accountable for violations of antidiscrimination and whistleblower protection laws,

·  Post quarterly on a public Web site statistical data relating to Federal sector EEO complaints filed with them.

Rehabilitation Act, (29 U.S.C. § 791) Sections 501, 502, 504, 508

Makes it illegal to discriminate against Federal employees and applicants for employment based on disability.

Requires Federal agencies to make reasonable accommodations to the known physical and mental limitations of qualified employees or applicants with disabilities.

Age Discrimination in Employment Act (ADEAA) (29 U.S.C. § 621)Protects people who are 40 years of age or older by prohibiting age discrimination in hiring, discharge, pay, promotions, and other terms and conditions of employment.
Equal Pay Act (29 U.S.C. § 206(d))Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
Administrative Dispute Resolution Act of 1996 (5 U.S.C. § 571)

Explains when agencies should and should not use alternative dispute resolution.  The Act also defines alternative dispute resolution as any procedure an agency uses to resolve issues, including, but not limited to:

·  Conciliation,

·  Facilitation,

·  Mediation,

·  Fact-finding,

·  Mini-trials,

·  Arbitration, and

·  Use of ombudsperson, or any combination of the above.

Alternative Dispute Resolution Act of 1998 (28 U.S.C. § 651)Authorizes each United States district court to adopt alternative dispute resolution process.
EEOC Management Directives:
EEOC Management Directive (MD) 110 (Nov. 1999)Is the EEOC technical manual for managing and implementing the EEO complaint process.
EEOC MD 715 (Oct. 2003)Is the EEOC technical manual for affirmative employment and affirmative action programs for people with disabilities. The MD provides guidance on reporting procedures and program management.
Office of Personnel Management regulations set forth
Prohibited Personnel PracticesForbidden actions that apply to all managers and employees in the Federal sector.
Merit PrinciplesRequirements for managers and human resource staff that define the operational philosophy used to manage the employment process.