Non Discrimination & Equal Access
Non Discrimination2001 South State St N4-700Salt Lake City, UT 84190385-468-0570
A brief review of some of the major nondiscrimination, equal opportunity, and affirmative action laws and executive orders:
Age Discrimination Act of 1975 Requires that: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance…" The Act permits specific exceptions, allowing use of age distinctions if it bears a direct and substantial relationship to the normal operation of the program, activity, or achievement of a statutory objective (for example, if a program provides special benefits to the elderly or to children).
Age Discrimination in Employment Act (ADEA) of 1967 Prohibits employers of 20 or more employees from engaging in age-based discrimination against individuals who are age 40 or older, unless age is a bona fide job qualification reasonably necessary to the normal operations of the business. The law also covers employment agencies and labor organizations.
Americans with Disabilities Act (ADA) of 1990 Mandates elimination of discrimination against people with disabilities in employment, access to public facilities and services, transportation, and telecommunications. Title I prohibits employers with 15 or more employees from discrimination against qualified applicants and employees with disabilities in hiring, promotion, discharge, pay, job training, fringe benefits, and other aspects of employment. Individuals who are regarded as having a disability, when in fact they do not, and people who are associated with individuals with disabilities are also protected. Covered employers must provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship. The law covers most private employers, state and local governments, employment agencies and labor organizations.
Title II requires that state and local government services, programs, and activities must be accessible to and usable by individuals with disabilities. Auxiliary aids and services and reasonable accommodations needed to participate in or benefit from a public entity's programs or services must be provided to qualified individuals with disabilities at no extra cost.
Section 503 of the Rehabilitation Act of 1973 Prohibits employment discrimination based on disability and requires covered employers (federal contractors) to take affirmative action to employ and advance in employment qualified individuals with disabilities who, with or without "reasonable accommodation," can perform the essential functions of the job. The regulations implementing the act require reasonable accommodations to known physical and mental limitations of qualified individual with disabilities.
Section 504 of the Rehabilitation Act of 1973 Requires that: "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program of activity receiving federal financial assistance."
Title VI of the Civil Rights Act (CRA) of 1964 Prohibits discrimination based on race, color, or national origin in the provision of benefits and services in all programs and activities receiving federal financial assistance, including protection against discrimination in voting.
Title VII of the Civil Right Act (CRA) of 1964 Prohibits harassment and unequal treatment on the basis of race, color, religion, sex, or national origin in all areas of employment, from advertisement for new employees through termination or retirement. The Act applies to most employers with fifteen or more employees as well as employment agencies and labor organizations.
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and disability.
Voting Rights Act of 1965 Prohibits discrimination against racial and language minorities in voting.
Pregnancy Discrimination Act of 1978 Amends Title VII of the Civil Rights Act to prohibit discrimination against applicants and employees on the basis of pregnancy, childbirth or related conditions. The act bars mandatory leave policies that require women to take leave at a predetermined time before their delivery date or refusal to grant leave when required under doctor's orders where such leave would be granted for other medical problems to non-pregnant employees.
Civil Rights Act of 1991 Adds provisions to Title VII of the Civil Rights Act of 1964 to strengthen federal civil rights laws, including damages for intentional employment discrimination and right to jury trial.
Equal Pay Act of 1963 Part of the Fair Labor Standards Act, this act prohibits discrimination on the basis of sex in compensation (including most fringe benefits) for substantially equal work in the same establishment. Wage differentials resulting from seniority, merit, or wage systems that base earning on quality or quantity of production and not the sex of the employee do not violate the act. Most private and public employers are covered.
Section 402 of Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974 Prohibits discrimination in employment practices on the basis of being either a veteran of the Vietnam era or a special disabled veteran and requires covered employers (federal contractors) to take affirmative action to employ and advance in employment qualified Vietnam era veterans and special disabled veterans.
Immigration and Reform Control Act (IRCA) of 1986 This act makes it illegal for employers of four or more workers to knowingly hire aliens who are not eligible to work in the United States. Employers are required to verify an individual's eligibility to work in the U.S. by examining identification documents required by law. The act also prohibits employers from discriminating on the basis of citizenship or national origin against legal aliens.
Uniformed and Overseas Citizens Absentee Voting Act of 1986 Requires that the states and territories allow certain groups of citizens to register and vote absentee in elections for Federal offices.
National Voter Registration Act of 1993 Requires state governments to offer voter registration opportunities to any eligible person who applies for or renews a driver's license or public assistance, requiring states to register applicants that use a federal voter registration form to apply, and prohibiting states from removing registered voters from the voter rolls unless certain criteria are met.
Help America Vote Act of 2002 Requires to implement certain election reform efforts to improve the election process for all voters.
Executive Orders 11246 and 11375 Prohibit employment discrimination on the basis of race, color, religion, sex or national origin by employers doing business with the federal government and requires covered federal contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of employment.
Executive Orders 13166 Requires recipients of federal funds to provide linguistic accessibility to individuals with limited English proficiency (LEP), such as translation services and written notice informing them of their rights.
Utah Antidiscrimination Act: UCA 34A-5-101 et al. Prohibits discrimination on the basis of race, color, religion, sex, age, pregnancy/childbirth, disability or national origin in all areas of employment, from advertisement for new employees through termination or retirement.
Utah Fair Housing Act: UCA 57-21-1 et al. Prohibits discrimination on the basis of race, religion, color, sex, national origin, familial status, disability or source of income, in the rental or purchase of real property and is administered and enforced by the Antidiscrimination & Labor Division (UALD) Fair Housing unit.
Salt Lake County Ordinance 2.08.110 - Discrimination prohibited Prohibits “discrimination in Salt Lake County government services based on age, marital status, color, disability, national origin, sex, sexual orientation, gender identity, race or religion is prohibited.” And requires that “Individuals shall be assured of equal access, opportunity and protection in all areas of Salt Lake County government services.”