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Laws and Regulations

Legal Authority: 

Equal Pay Act of 1963, as amended

Prohibits any discrimination, on the basis of sex, in wages and fringe benefits.

Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972

Title VII prohibits discrimination in employment based on five factors; race, color, sex, religion or national origin.

Age Discrimination in Employment Act of 1967

Prohibits discrimination based on age against individuals who are age 40 and older.

Executive Order 11478 of 1969

  • Requires the head of each executive department and agency to establish and maintain affirmative employment programs and policies.
  • Requires EEO as an integral part of every aspect of personnel policy and practice in employment, development, advancement, and treatment of civilian employees of the Federal Government.
  • Requires that personnel system reflect equal opportunity in all phases of hiring, promotions, evaluations, awards and training actions.

Rehabilitation Act of 1973, as amended

Prohibits discrimination in employment on the basis of physical or mental disability.

Civil Rights Reform Act of 1978

Established the Federal Equal Opportunity Recruitment Program, which requires agencies to conduct a continuing recruitment program designed to eliminate underrepresentation of minorities in its workforce.

Pregnancy Discrimination Act of 1978

Prohibits the exclusion of applicants and employees from jobs because of pregnancy, as well as any requirement that they cease to work at a specified time, unless the employer can prove “business necessity.”

Civil Rights Act of 1991

  • Allows victims of intentional discrimination based on sex, religion, or disability to seek compensatory damages. This was previously available only to racial and ethnic minorities.
  • Provides Senate employees and political appointees of the Executive Branch anti-discrimination laws coverage.

SBA’s compliance and civil rights technical assistance policy is authorized by the following:

Statutes

  1. Title VI of the Civil Rights Act of 1964, as amended, P.L. 88-352, 42 U.S.C. §2000d to 2000d-4, prohibits discrimination in any program or activity receiving Federal financial assistance, except guaranteed loans, on the basis of race, color, or national origin.
  2. Title IX of the Education Amendments of 1972, P.L. 92-318, 20 U.S.C. §1681 et seq., prohibits discrimination on the basis of sex or severely impaired vision or blindness in any educational program or activity receiving Federal financial assistance
  3. Section 504 of the Rehabilitation Act of 1973, as amended, P.L. 93-112, 29 U.S.C. §794, prohibits discrimination against otherwise qualified individuals with disabilities, solely by reason of disability, in any program or activity receiving Federal financial assistance. The 1978 amendments of §504 of the Rehabilitation Act of 1973, P.L. 95-602, 29 U.S.C. §701, subject Federal agencies to the provisions of the Act.
  4. The Equal Credit Opportunity Act of 1974, P.L. 90-321, 15 U.S.C. §1691, 12 C.F.R. §202, prohibits discrimination against any applicant for credit with respect to any aspect of a credit transaction because of race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.
  5. The Age Discrimination Act of 1975, as amended, P.L. 94-478 and 42 U.S.C. §6101 et seq., prohibits discrimination on the basis of age in the delivery of services, programs or activities receiving Federal assistance.
  6. The Civil Rights Restoration Act of 1987, P.L. 100-259, amends Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d-1, Title IX of the Education Amendments of 1972, 20 U.S.C. §1681, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 and the Age Discrimination Act of 1975, 42 U.S.C. §6101, to provide coverage of an entire institution or entity, if any part of it receives Federal financial assistance.
  7. Section 4(b) (1) of the Small Business Act, as amended, P.L. 93-237, 15 U.S.C. §633, prohibits discrimination by SBA on the basis of sex or marital status.

Executive Orders

  1. Executive Order 12250 (1980), authorizes the Attorney General to coordinate and implement the enforcement of various nondiscrimination provisions of:
  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.;
  • Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq.;
  • Section 504 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. §794; and

Any other Federal statutory law that provides that no person in the United States shall, on the grounds of race, color, national origin, disability, be denied participation in, the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

  1. Executive Order 13166 (2000), coordinated by the Civil Rights Division of the Department of Justice (DOJ), requires Federal agencies to improve access to federally assisted and conducted programs and activities for limited English proficient persons.

Regulations

  1. 28 C.F.R. §42.401 et seq., Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs by DOJ implements Executive Order 12250.