Chapter 5 Federal Legislation

The equal pay act wass enacted in 1963, title VII in 1964, and title IX (1972) Title VII makes it unlawful for an employer to descriminate in compensation of an employer for race, color, religion or sex Equal Pay act makes it unlawful to pay an employer of the underrepresented sex less for the exact same job with the same responsibilities

For either EPA or Title VII to apply the employer must have at least 15 employees who work 20 or more calendar weeks. There is no requirement that the employer be a state actor There is no requirement for federal funding It is simply based on the number of employees that work for that company http://www.youtube.com/watch?v=wcf95DoPbLI http://www.youtube.com/watch?v=YhSFttshcPk&feature=results_main&playnext=1&list=PL565B7E5AD0E0CDA5 http://www.youtube.com/watch?v=Sw0yP_TQT9U

People who believe their employer violated the EPA must file a private lawsuit or complaint with the Equal Employment Opportunities Commission (EEOC) This is part of the executive branch of the government This same employee could enforce title VII rights Cant simply file a lawsuit in the courts, but has to file a complaint with the EEOC first

Title IX states that no person based on sex be excluded form participation , or be denied or discriminated against any educational program or activity receiving federal financial assistance Title IX requires the presence of federal money There is no minimum number of employees required to trigger title IX It needs three elements to enacted Federal money An educational program Sex discrimination http://www.youtube.com/watch?v=fQL4Ml49YR4

EPA Applies to: Employees Enforcement EEOC and courts Discrimination Sex Jurisdiction requires: 15 or more employees working 20 or more calendar weeks Title VII Applies to: Sex, race, religion, national origin Title IX applies to: Employees, students OCR and courts Federal money and education program

Rehabilitation act of 1973 section 504 and the Americans with disabilities act In 1973 Congress enacted the Rehabilitation act States that mo handicapped person, based on that handicap be excluded, denied benefits of, or be discriminated under any program that receives federal funding The three elements are Discrimination based on handicap Federal funds Qualified individual This means that the person once given a reasonable accommodation must be able to do the job or activity Making room for a wheel chair under a desk is a reasonable accommodation A deaf person who doesn’t have the minimum GPA to get into school would not be reasonable

The person must fit within the statutes definition of handicapped they have a physical or mental impairment which substantially limits one or more major life activities Has a record of such impairment Is regarded as having such an impairment Major life impairment includes Performing manual tasks, caring for one’s self, walking, seeing, hearing, speaking, breathing, learning and working http://www.youtube.com/watch?v=WEdsFsYF1Mg&feature=related http://www.youtube.com/watch?v=AFNwG1UtZVs http://www.ada.gov/reg3a.html#Anchor-Appendix-52467

The American Disabilities act (ADA) applies to private companies The Rehabilitation act of 1973 is only limited to companies receiving federal funding The American Disabilities act (ADA) applies to private companies Private companies now have the same rules under the rehabilitation act

In 1968 the amateur sports act was introduced. This set powers and responsibilities of the United States Olympic Committee It made a set standard for amateurism so that people wouldn’t loose eligibility in the NCAA or Olympics if performing in both Made it illegal to use the name Olympic by any private organization