Download 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
US Constitution

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
Civil Rights Acts
 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
Age Discrimination in Employment Act
 Prohibits discriminating on age in employment if the
person is 40 or more years old
The Age Discrimination in Employment Act of 1967 (ADEA)
Americans with Disabilities Act
 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
Immigration Reform and Control Act
 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
Genetic Nondiscrimination
 Prohibits using genetic information for employment
screening
 Genetic Information Nondiscrimination Act of 2008