Download - Legal Context of Staffing
United States ConstitutionCivil Rights Act 1866, 1964, 1991Age Discrimination in Employment Act, 1967Immigration Reform and Control Act, 1986Americans with Disabilities Act, 1990Genetic Information Nondiscrimination Act ,2008Laws Enforced by EEOC
Commerce Clause – Congress regulates interstate commerce – provides federal reach into employment practice
1st Freedom of Speech, of the Press, of Religion, of Peaceable Assembly, Petition government for redress of grievances
4th Amendment – prohibits unreasonable search, need for probable cause 5th Amendment – fair and speedy trial, due process, right to silence
11th Amendment – Federal judiciary has no role in disputes of citizens with states or with foreign powers - requires legal issues with states to be resolved in state courts, federal issues to be resolved in federal courts
14th Amendment – all born or naturalized are citizens; equal protection; due process guaranteed
19th Amendment – Women have the right to vote
The United States Constitution
1866 – All persons shall have the right to “make and enforce contracts” as enjoyed by white people … becomes 14th Amendment to Constitution
1964 – Title VII - Employers may not use race, color, religion, sex, or national origin to discriminate in employment decisions
Title VII of the Civil Rights Act of 1964 1991 – revises procedural details, nature of
evidence and the range of remedies availableCivil Rights Act of 1991Lilly Ledbetter Fair Pay Act of 2009
Prohibits discriminating on age in employment if the person is 40 or more years old
The Age Discrimination in Employment Act of 1967 (ADEA)
Prohibits employers from using “nonjob-related disabilities” against people in hiring
Requires employers to consider applicants and employees “with or without a reasonable accommodation” related to a disability
Prohibits employers from inquiring about a disability during employment screening
Titles I and V of the Americans with Disabilities Act of 1990 (ADA)The ADA Amendments Act of 2008
Builds on CRA 1964 national origin nondiscrimination
Requires employers to certify that applicants have legal right to work in the United States
Employers may be fined if they “knowingly” hiring worker who does not have legal right to work in US
National Origin Discrimination IRCA 1986
Prohibits using genetic information for employment screening
Genetic Information Nondiscrimination Act of 2008