Download Mgmt 441 Spring 2015 Staffing Legal Context of Staffing

United States Constitution
Civil Rights Act 1866, 1964, 1991
Age Discrimination in Employment Act, 1967
Immigration Reform and Control Act, 1986
Americans with Disabilities Act, 1990
Genetic Information Nondiscrimination Act ,2008
Laws Enforced by EEOC
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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
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4th Amendment – prohibits unreasonable search, need for probable cause
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5th Amendment – fair and speedy trial, due process, right to silence
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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
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19th Amendment – Women have the right to vote
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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 available
Civil Rights Act of 1991
Lilly Ledbetter Fair Pay Act of 2009
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Prohibits discriminating on age in employment
if the person is 40 or more years old
The Age Discrimination in Employment Act of
1967 (ADEA)
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Prohibits employers from using “nonjobrelated 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
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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
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Prohibits using genetic information for
employment screening
Genetic Information Nondiscrimination Act of
2008