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  Workplace Laws Not Enforced by the EEOC

                      
                        

          
          
                        Workplace Laws Not Enforced by the EEOC
              


          
  The following laws, prohibiting discrimination or regulating workplace issues, are not enforced by the EEOC:

The Civil Service Reform Act of 1978 (CSRA)
	The Immigration Reform and Control Act of 1986 (IRCA)
	Executive Order 11246
	Title VI of the Civil Rights Act of 1964
	Title II of the Americans with Disabilities Act (ADA )
	Title III of the ADA
	The Family and Medical Leave Act (FMLA)
	The Occupational Safety and Health Act of 1970 (OSHA)
	Section 503 of the Rehabilitation Act
	Section 504 of the Rehabilitation Act
	Section 508 of the Rehabilitation Act
	The Social Security Act
	The Fair Labor Standards Act
	National Labor Relations Act
	Section 1981 of the Civil Rights Act of 1866Workers Compensation Law
	Title I of Genetic Information Nondiscrimination ActThe Civil Service Reform Act Of 1978 (CSRA)

This law makes it illegal to discriminate against a federal employee or job applicant on the bases of race, color, national origin, religion, sex, age, or disability. The CSRA also prohibits discrimination on the bases of certain other factors that don't adversely affect employee performance, such as marital status, political association, and sexual orientation. The CSRA makes it illegal to fire, demote, or otherwise "retaliate" against a federal employee or job applicant for whistle-blowing or for exercising the right to file a complaint, grievance, or an appeal.

The Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) enforce the CSRA. For more information, contact the Office of Personnel Management at 202-653-7188 or visit http://www.opm.gov.

The Immigration and Nationality Act (INA), 8 U.S.C.  § 1324b

This law makes it illegal for employers to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based on an individual's citizenship or immigration status, or national origin (Title VII prohibits to national origin discrimination for employers with 15 or more employees).  Thus, under the INA, employers cannot hire only U.S. citizens or lawful permanent residents unless required to do so by federal law, regulation, executive order, or government contract.  The INA prohibits employers from preferring to hire temporary visa holders or undocumented workers over qualified U.S. citizens or other protected individuals, such as refugees or individuals granted asylum.

The INA also prohibits document abuse.  Document abuse occurs when an employer is verifying employment eligibility, and based on the worker's citizenship status or national origin, requests more or different documents than federal law requires; rejects reasonably genuine-looking documents; or asks for specific certain documents.

For more information, contact the Immigrant and Employee Rights Section (IER) in the Department of Justice's Civil Rights Division, which offers free and anonymous hotlines for workers with questions about their rights, and for employers who have questions about their obligations under the INA (9:00 am-5:00 pm ET, Monday-Friday).  You may also visit IER's website.  Calls can be anonymous and in any language:

1-800-255-7688 (employees/applicants)
1-800-255-8155 (employers)
1-800-237-2515 and 202-616-5525 (TTY for employees/applicants and employers) www.justice.gov/ier

Executive Order 11246

This law makes it illegal for federal contractors and certain subcontractors to discriminate on the basis of race, color, religion, sex, or national origin. It also requires federal contractors and subcontractors to take steps to ensure equal employment opportunity in the workplace.

For more information, contact the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) at
1-866-487-2365 (voice),
1-877-889-5627 (TTY), or
visit http://www.dol.gov/esa/ofccp.

Title VI Of The Civil Rights Act Of 1964

This law makes it illegal to discriminate on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.

For more information, contact the Department of Justice, Civil Rights Division at
202-514-2151 (voice),
202-514-0716 (TTY), or
visit https://www.justice.gov/crt/title-vi-1964-civil-rights-act.

Title II Of The Americans With Disabilities Act (ADA)

This law makes it illegal to discriminate against people with disabilities in all programs, activities, and services offered by state and local government agencies. This includes public transportation services and physical access to state and local government buildings.

For more information, contact the U.S. Department of Justice, Civil Rights Division,
800-514-0301 (voice),
800-514-0383 (TTY), or
visit https://www.justice.gov/crt

Title III Of The ADA

This law prohibits disability discrimination by private entities that provide services to the public (also known as "public accommodations". Public accommodations include, for example, restaurants, hotels, movie theaters, stores, doctors' offices, parks, and schools. The law applies to buildings, programs, and services. Under the law, public accommodations may have to provide "auxiliary aids and services" such as sign language interpreters, assistive listening devices, or large print materials, unless doing so would cause significant difficulty or expense.

For more information, contact the U.S. Department of Justice, Civil Rights Division,
800-514-0301 (voice),
800-514-0383 (TTY), or
visit https://www.justice.gov/crt

The Family And Medical Leave Act (FMLA)

This law requires certain employers to grant up to 12 weeks of leave during a 12 month period to eligible employees who need time off because of a "serious health condition" that they or someone in their family is experiencing. FMLA leave can sometimes overlap with Title VII requirements concerning leave for pregnancy and pregnancy-related conditions and ADA and Rehabilitation Act requirements concerning leave as an accommodation for an employee with a disability.

For more information, contact the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division,
1-866-487-9243 (voice and TTY) or
visit http://www.dol.gov/esa/whd/fmla.

The Occupational Safety And Health Act Of 1970 (OSHA)

This law sets out safety requirements for workplaces. The Occupational Safety and Health Administration works with states to investigate and enforce OSHA requirements.

For more information, contact the U.S. Department of Labor, Occupational Safety and Health Administration,
1-800-321-6742 (voice),
1-877-889-5627 (TTY), or
visit http://www.osha.gov/.

Section 503 Of The Rehabilitation Act

This law prohibits certain federal contractors and subcontractors from discriminating against qualified employees and job applicants with disabilities. Section 503 also requires contractors to take affirmative steps to hire and promote qualified people with disabilities. The non-discrimination provisions of Section 503 mirror those found in the ADA and Section 501 of the Rehabilitation Act.

For more information, contact the U.S. Department of Labor, Office of Federal Contract Compliance Programs,
1-866-487-2365 (voice),
1-877-889-5627 (TTY), or
visit http://www.dol.gov/esa/regs/compliance/ofcp/fs503.htm.

Section 504 Of The Rehabilitation Act

This law prohibits disability discrimination in programs and activities that receive federal financial assistance. This includes discrimination against qualified applicants and employees with disabilities, as well as discrimination in the services and activities provided by federal agencies to the public. The non-discrimination provisions of Section 504 are similar to those found in Title I of the ADA, covering employment discrimination, and Title II of the ADA, covering the programs, activities, and services offered by state and local governments.

For more information, contact the U.S. Department of Justice, Civil Rights Division,
800-514-0301 (voice),
800-514-0383 (TTY), or
visit https://www.justice.gov/crt/disability-rights-section.

Section 508 Of The Rehabilitation Act

This law requires federal agencies to ensure that electronic and information technology used by the government can be accessed and used by people with disabilities.

For more information, contact the U.S. Access Board,
202-272-5434 (voice),
202-272-5449 (TTY), or
visit https://www.access-board.gov/.

Information can also be obtained from the U.S. General Services Administration, Center for IT Accommodation (CITA),
202-501-4906 (voice),
202-501-2010 (TTY), or
visit https://www.section508.gov/.

The Social Security Act

This law provides Social Security Disability Insurance (SSDI) to certain individuals with severe disabilities who can no longer work. The Social Security Act definition of "disability" is different from the ADA definition of disability. For this reason, whether or not you are eligible to receive disability benefits does not determine coverage under the ADA.

For more information, contact the U.S. Social Security Administration,
1-800-772-1213 (voice),
1-800-325-0778 (TTY), or
visit http://www.ssa.gov/disability/.

The Fair Labor Standards Act

This law regulates workplace practices related to minimum wage, overtime pay, and child labor.

For more information, contact the U.S. Department of Labor, Wage and Hour Division,
1-866-487-9243 (voice),
1-877-889-5627 (TTY), or
visit http://www.dol.gov/esa/whd/.

National Labor Relations Act

This law protects workers who wish to form, join or support unions, or who are already represented by unions; and workers who join together as a group (two or more employees) without a union seeking to modify their wages or working conditions.
 
For more information, contact the National Labor Relations Board
1-866-667-NLRB (1-866-667-6572)
TTY 1-866-315-NLRB (1-866-315-6572)https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act

Section 1981 of the Civil Rights Act of 1866

This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race.  This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment.  The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute.  This law is enforced by individuals, not a federal agency.

Civil Rights Act of 1866 & Civil Rights Act of 1871 - CRA - 42 U.S. Code 21 §§1981, 1981A, 1983, & 1988

Workers Compensation

Every state (and the federal government) has this law. It provides compensation for on-the-job injuries and illnesses. Some workers' compensation programs also require employers to provide job modifications or alternative assignments, which also may be a reasonable accommodation under the ADA. If an employee's occupational injury is covered under both Workers Compensation and the ADA (or Rehabilitation Act), the employee may be entitled to a job modification or reassignment under both laws.

Title I of Genetic Information Nondiscrimination Act "GINA"

This title of GINA addresses the use of genetic information in health insurance. The provisions are enforced primarily by the Department of Labor's Employee Benefits Security Administration, with the Department of Health & Human Services' Office for Civil Rights enforcing Section 105 of Title I of GINA which relates to GINA's protections for genetic information in the Health Insurance Portability Accountability Act privacy rule.

For more information, contact the Department of Labor, Employee Benefits Security Administration at
1-866-444-EBSA (3272)
1-877-889-5627 TTYhttp://www.dol.gov/agencies/ebsa

Department of Health & Human Services, Office for Civil Rights at
1-877-696-6775https://www.hhs.gov/hipaa/for-professionals/special-topics/genetic-information/index.html
      
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