Legal Justifications for Filing a Complaint of Discrimination
Section 1324b of the Immigration and Nationality Act, enacted in 1986, prohibits employers from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices or "document abuse" relating to the employment eligibility verification or Form I-9 process. Document abuse prohibited by the statute includes improperly requesting that an employee produce more documents than required by the I-9 form, or a particular document, such as a "green card", to establish the employee's identity and employment authorization; improperly rejecting documents that reasonably appear to be genuine during the I-9 process; and improperly treating groups of applicants differently when completing the I-9 form.
Executive Order 11246 (1965), as amended by 11375 (1967), prohibits discrimination in employment by all institutions with federal contracts over $10,000. Sets forth contractor obligations, enforcement procedures, administrative responsibilities, and describes the equal opportunity obligations. Only administrative remedies are provided for in Executive Order 11246.
Title VII, Civil Rights Act (1964), as amended by the Equal Employment Opportunity Act of 1972, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other conditions of employment on the basis of race, color, religion, national origin, or sex).
Title VI, Civil Rights Act (1964) prohibits discrimination or the denial of benefits on the ground of race, color or national origin (but not sex) in any program or activity receiving federal financial assistance.
Equal Pay Act (1963), as amended by the Education Amendments of 1972 (Higher Education Act) prohibits discrimination in salaries (including almost all fringe benefits) on the basis of sex. Covers all employers.
Title IX of the Education Amendments of 1972 (Higher Education Act) prohibits discrimination or the denial of benefits in any program or activity receiving federal financial assistance on the ground of gender.
Title VII (Sect. 799A) and Title VIII (Sect. 845) of the Public Health Service Act, as amended by the Comprehensive Health Manpower Act and Nurse Training Amendments Act of 1971, prohibits discrimination in admission of students on the basis of sex.
Age Discrimination in Employment Act, enacted in 1967 and amended in 1978, (ADEA) prohibits employers with 20 or more employees from discriminating against individuals over the age of 40 with certain exceptions, one of which specifically includes tenured faculty members.
Section 504 of the Rehabilitation Act of 1973 defines and forbids acts of discrimination against qualified handicapped persons in employment and in the operation of programs and activities receiving federal financial assistance.
Section 503 of the Rehabilitation Act of 1973 requires government contractors and subcontractors to take affirmative action to employ and advance in employment qualified handicapped individuals.
Vietnam Era Veterans Readjustment Act of 1972 with the 1974 Amendments requires government contractors to take affirmative action to employ and advance in employment disabled veterans and veterans of the Vietnam era. Disabled veterans and veterans of the Vietnam era may file a complaint for alleged violation of this Act. The complaint must first be filed with a local Veteran's Employment Representative within 130 days from the date of the alleged violation.
Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability.
Civil Rights Act of 1991 strengthens and improves Federal civil rights laws, provides for damages in cases of intentional employment discrimination and clarifies provisions regarding disparate impact actions.
New York City Human Rights Law prohibits discrimination on a number of grounds including arrest or conviction record and status as a victim of domestic violence, stalking, and sex offenses. In addition, it prohibits retaliation and bias-related harassment.
New York State Human Rights Law specifies that it is unlawful discriminatory practice for an employer to refuse to hire or employ or to bar or discharge an individual from employment or to discriminate against an individual in compensation or in terms, conditions, or privileges of employment due to his or her status as a protected class.