Laws & Orders

Laws and Orders Pertaining to Illegal Discrimination and Harassment
 
Learn about the various types of discrimination/harassment by the laws governing compliance issues dealt with by the AA/EO Office.  There are follow-on links provided to the relevant laws, regulations, policy guidance, fact sheets, Q&As, best practices and other information.
 
 
  • Age
 (EMPLOYMENT): The Age Discrimination in Employment Act (ADEA) of 1967 forbids discrimination/harassment against people who are age 40 or older.  http://www.eeoc.gov/laws/types/age.cfm
 
(STUDENTS): The Age Discrimination Act of 1974 prohibits discrimination based on age in [academic] programs or activities that receive federal financial assistance.  http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html 
 
 
  • Disability
 
(EMPLOYMENT): Section 503 of the Rehabilitation Act of 1973, as amended  http://www.dol.gov/ofccp/regs/compliance/ca_503.htm along with The Americans with Disabilities Act (ADA) of 1990 http://www.eeoc.gov/laws/statutes/ada.cfm as amended by the Americans with Disabilities Act Amendments Act of 2008  http://www.eeoc.gov/laws/statutes/adaaa.cfm prohibits discrimination and/or harassment based on disabilities and requires USU (as a federal contractor) to take affirmative action to employ and advance in employment qualified persons with disabilities and make A reasonable accommodation@ where appropriate.
 
(STUDENTS): Section 504 of the Rehabilitation Act of 1973, as amended, along with the Americans with Disabilities Act (ADA) of 1990, as amended by the Americans with Disabilities Act Amendments Act of 2008 http://www2.ed.gov/policy/rights/guid/ocr/disability.html prohibits discrimination and/or harassment based on disabilities and requires A reasonable accommodations@ where appropriate.
 
  • Equal Pay/Compensation
 
The Equal Pay Act of 1963, as amended, http://www.eeoc.gov/laws/types/equalcompensation.cfm requires equal pay for men and women doing substantially equal work and requiring substantially equal skill, effort, and responsibility under similar working conditions.
 
  • Genetic Information
 
Title II of the Genetic Information Nondiscrimination Act of 2008  http://www.eeoc.gov/laws/types/genetic.cfm prohibits discrimination in employment (both employees and applicants) based on genetic information.
 
  • National Origin
 
(EMPLOYMENT): Title VII of the Civil Rights Act of 1964  http://www.eeoc.gov/laws/types/nationalorigin.cfm  prohibits discrimination and/or harassment in employment (both employees and applicants) because of an individual=s national origin.

(STUDENTS): Title VI of the Civil Rights Act of 1964  http://www2.ed.gov/policy/rights/guid/ocr/raceoverview.html  prohibits discrimination and/or harassment based on race, color, or national origin in programs or activities receiving federal financial assistance.
 
  • Pregnancy
 
(EMPLOYMENT): Title VII of the Civil Rights Act of 1964, as amended http://eeoc.gov/laws/types/pregnancy.cfm prohibits discrimination and/or harassment in all aspects of employment because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
 
(STUDENTS): Title IX of the Educational Amendments of 1972, as amended and the implementing instructions at 34 C.F.R. Part 106.40(a) http://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html prohibits discrimination based on A pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.
 
  • Race/Color
 
(EMPLOYMENT): Title VII of the Civil Rights Act of 1964  http://www.eeoc.gov/laws/types/race_color.cfm prohibits discrimination and/or harassment in employment based on a persons race and/or color.
 
(STUDENTS): Title VI of the Civil Rights Act of 1964  http://www2.ed.gov/about/offices/list/ocr/raceharassresources.html prohibits discrimination and/or harassment in academic programs based on race/color.
 
  • Religion
 
(EMPLOYMENT): Title VII of the Civil rights Act of 1964  http://www.eeoc.gov/laws/types/religion.cfm  prohibits discrimination and/or harassment in all aspects of employment based on religion.
 
(STUDENTS): USU Policy 303 - Affirmative Action/Equal Opportunity  http://www.usu.edu/hr/files/uploads/Policies/303.pdf prohibits discrimination/harassment based on religion for students in academic programs and activities.
 
  • Retaliation
 
(EMPLOYMENT & STUDENTS): The University (or any of its employees and/or students) is prohibited from retaliating against an individual who has made charges, testified, assisted with or participated in any way in any proceeding, investigation or hearing, or brought forth issues in regard to the violations or alleged violations of laws or orders outlined in this section.
 
  • Sex
 
(EMPLOYMENT): Title VII of the Civil Rights Act of 1964
http://eeoc.gov/laws/types/sex.cfm prohibits discrimination and/or harassment based on a person's sex.
 
(STUDENTS): Title IX of the Educational Amendments of 1972  http://www2.ed.gov/policy/rights/guid/ocr/sex.html  prohibits discrimination and/or harassment based on sex in education programs and activities that receive federal financial assistance.

 
  • Sexual Harassment
 
(EMPLOYMENT):  Title VII of the Civil Rights Act of 1964  http://www.eeoc.gov/laws/types/sexual_harassment.cfm prohibits sexual harassment in the work place.
 
(STUDENTS): Title IX of the Educational Amendments of 1972  http://www2.ed.gov/about/offices/list/ocr/sexharassresources.html prohibits sexual harassment in education programs and activities.
 
  • Sexual Orientation and Gender Identity/Expression
 
(EMPLOYMENT & STUDENTS): USU Policy 303 - Affirmative Action/Equal Opportunity   http://www.usu.edu/hr/files/uploads/Policies/303.pdf  prohibits discrimination and/or harassment on the basis of sexual orientation for employees in all aspects of employment and for students in academic programs and activities.
 
  • Affirmative Action (employment only)
 
Executive Order 11246, as amended http://www.dol.gov/ofccp/regs/compliance/fs11246.htm , requires USU, as a federal contractor, to take affirmative steps to recruit, hire, and advance women and minorities when they are underrepresented in the University workforce and are qualified and available in the labor force.  It requires that we develop a written affirmative action program (AAP) annually.  Additionally USU also mus publish an AAP outlining affirmative action employment steps relating to persons with disabilities and certain qualified veterans.
 
  • Veterans (employment only)
 
Section 402 of the Vietnam Era Veterans= Readjustment Assistance Act (VEVRAA) of 1974, as amended http://www.dol.gov/ofccp/regs/compliance/ca_vevraa.htm prohibits discrimination against disabled veterans, recently separated veterans, other protected veterans, or Armed Forces service medal veterans.
 
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)  http://www.dol.gov/vets/programs/userra/main.htm protects civilian job rights and benefits for veterans and reservists called to active duty.
 
  • Utah Antidiscrimination Act
 
(Utah Code - Title 34A - Chapter 05) http://le.utah.gov/UtahCode/section.jsp?code=34A-5 states that it is illegal to discriminate in all aspects of employment based on race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, religion, national origin, or disability.
  • Governor's Executive Order 2006-0012:
 
Prohibiting Unlawful Harassment, Issued December 13, 2006  http://www.rules.utah.gov/execdocs/2006/ExecDoc121664.htm  recognizes that an unlawful harassment undermines the integrity of the workplace, destroys morale and offends social and legal standards of acceptable behavior;" mandates harassment awareness training; prohibits retaliation; and requires development and disseminating of complaint procedures to all employees with emphasis on managers understanding their responsibilities in "identifying unlawful harassment and appropriately dealing with complaints and solving related problems."

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