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EEO/AA Laws and Regulations
- New Jersey Law Against Discrimination (NJLAD)
- New Jersey Familty Leave Act
- Title VII of the Civil Rights Act of 1964
- Title IX Education Amendments of 1972
- Presidential Executive Order No. 11246 (1965)
- Rehabilitation Act (1973)
- Equal Pay Act of 1963
- Vietnam Era Veteran's Readjustment Act of 1974
- Age Discrimination in Employment Act of 1967
- Title I of the Americans with Disabilities Act of 1990
- Family and Medical Leave Act of 1993
- Veterans Employment Opportunities Act of 1998 (Public Law 105-339)
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (LAD) prohibits job discrimination on the basis of race, creed, color, national origin, ancestry, age, and marital status, affectional or sexual orientation, sex, atypical hereditary cellular or blood trait, liability for service in the Armed Forces of the United States, or familial status. The law also applies to physical disability unless the nature and extent of the disability “reasonably precludes the performance of the particular employment.”
The New Jersey Family Leave Act (NJFLA) requires covered employers to grant eligible employees time off from work in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse. The NJFLA’s definition of “parent” includes a parent-in-law or step parent. The NJFLA provides for up to twelve weeks of leave in a 24-month period. The 24-month period begins on the first day of the employee’s NJFLA leave.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 Prohibits discrimination against any individual with respect to hiring, discharge,
compensation, and all terms, conditions, and privileges of employment because of race, color, religion, sex, or national origin.
Title IX Education Amendments of 1972
Title IX Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX covers all programs of a school or college that receives financial assistance including academics, extracurricular, and athletics.
Presidential Executive Order No. 11246 (1965)
Presidential Executive Order No 11246 (1965) prohibits discrimination by federal contractors against any employee or applicant
for employment on the basis of race, color, religion, sex, or national origin.
Requires the employer to take affirmative action to expand employment opportunities for women and members of minority groups - defined as American Indian or Alaskan Native, Asian or Pacific Islander, Black, and Hispanic - and to eliminate practices that have the effect of excluding or limiting their employment. Also requires a written affirmative action plan, including goals for overcoming the underutilization of minorities and women in the employer’s workforce.
The Rehabilitation Act (1973), Section 503 prohibits discrimination against any employee or applicant for employment because of physical or mental disability regarding any position for which he or she is qualified. Requires the employer to take affirmative action to employ, promote, and otherwise treat qualified individuals with disabilities without discrimination based on their disability. Also requires a written affirmative action plan, but hiring goals need not be established. Affirmative action does require that an employer take steps to accommodate a qualified worker with a disability unless accommodation poses an undue hardship.
The Equal Pay Act (EPA) of 1963 prohibits employers from discriminating on the basis of sex in paying salaries for equal work requiring equal skill, effort, and responsibility and performed under similar work conditions.
Vietnam Era Veteran's Readjustment Act of 1974, as amended
The Vietnam Era Veteran’s Readjustment Act of 1974 prohibits discrimination by federal contractors against applicants or employees because they are covered veterans in regard to any position for which they are qualified. Requires that employers take affirmative action to employ, advance in employment, and otherwise treat covered veterans without discrimination based on their disability or veteran’s status. Also requires a written affirmative action plan, but hiring goals need not be established.
Covered veterans are: disabled veterans, recently separated veterans (veterans within 3 years of their discharge or release from active duty), veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized (referred to as “other protected veterans”), and Armed Forces service medal veterans.
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employers from failing or refusing to hire, or from discharging, or from otherwise discriminating against any individual with respect to compensation and all terms, conditions, and privileges of employment because of the individual’s age. Exceptions to the prohibition against forced retirement include certain high-level executives, public safety personnel, and until 1994, tenured faculty age 70 and over.
Title I of the Americans with Disabilities Act of 1990
Title I of the Americans with Disabilities Act (ADA) of 1990 prohibits employers from discriminating against any qualified employee or applicant for employment because of physical or mental disability. In addition, it requires employers to make reasonable accommodations for qualified individuals with disabilities unless doing so would impose undue hardship.
Family and Medical Leave Act of 1993
The Family and Medical Leave Act (FMLA) of 1993 entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for the following specified family and medical reasons: birth of a child, placement of child for adoption or foster care, care of an immediate family member with a serious health condition, employee is unable to work because of their own serious health condition. FMLA also allows intermittent and reduced leave for employees.
To be eligible for a family or medical leave, an employee must: have worked for the employer for a total of at least 12 months (need not be consecutive), have worked at least 1250 hours in the 12 months immediately (need not be consecutive) preceding commencement of leave, work at a work site having 50 or more employees within a 75 mile radius.
The law provides that the employer must maintain the employee's coverage under any group health plan, and except for accrued or earned benefits (such as seniority), the employee must be restored to the same benefits upon return from leave as if the employee had continued to work. Employees on family or medical leave cannot collect unemployment or other government compensation.
The employee must be restored to the same position held before the leave or an equivalent position upon return from a family or medical leave (unless employee is in top 10% paid).
Employers have the right to deny leave when an employee fails to give proper notice of a foreseeable leave. The employer can deny leave until 30 days after notice is provided if the employee fails to provide timely medical certification.
Employers also have the right to deny reinstatement: until employees provide a requested fitness-for-duty medical certification, when employees notify employer that they do not intend to return to work, when leave was obtained fraudulently, if the salaried employee is in the highest 10% of the employer's workforce, and where restoration to employment would create "substantial and grievous injury" to the business operation.
Veterans Employment Opportunities Act of 1998 (Public Law 105-339)
The Veterans Employment Opportunities Act of 1998 (Public Law 105-339) allows preference eligibles or veterans who are honorably discharged from the armed forces after 3 or more years of active service to compete for vacant positions, if the hiring agency is accepting applications from individuals outside its own workforce under merit promotion procedures. All merit promotion announcements open to applicants outside the hiring agency's workforce are required to indicate that these veterans and preference eligibles may apply.
