Office of Human Resources - Diversity

LEGAL BASIS FOR EQUAL OPPORTUNITY/AFFIRMATIVE ACTION

THE LAWS
Relating to Age | Disability | Sex | Religion
Race, color or national origin | Veteran Status

ENFORCING AGENCY/
METHOD OF ENFORCEMENT/
SANCTIONS/ REMEDIES

Age

Age Discrimination in Employment Act of 1967
Prohibits discrimination in employment
against individuals age 40 and above
www.eeoc.gov/ policy/adea.html

EEOC
A complaint may be filed
with EEOC

Back pay; reinstatement or promotion
where appropriate; attorney’s fees

Age Discrimination Act of 1975
Prohibits discrimination in programs or
activities which receive federal financial assistance;
applies to persons of all ages
www.ed.gov/policy/ rights/guid/ocr/ageoverview.html

Department of Education,
Office of Civil Rights
A complaint may be filed
with the Office of Civil Rights

Termination of federal
financial assistance

Disability

Rehabilitation Act of 1973, Section 793
(as amended)
Requires affirmative action to employ
and advance in employment qualified individuals
with disabilities
www.dol.gov/esa/regs/compliance/ofccp/sec503.htm

Department of Labor,
OFCCP
A complaint may be filed
with OFCCP

Withholding of federal funds;
termination or cancellation of
contracts; debarment from future
contracts; injunctions

Americans with Disabilities Act of 1990
Prohibits discrimination on the basis
of disability in:  private sector employment; 
services rendered by state and local
governments;  places of public
accommodation; transportation;
and telecommunication relay services
www.dol.gov/esa/regs/ statutes/ofccp/ada.htm
www.eeoc.gov/policy/ada.html
www.ed.gov/policy/ rights/guid/ocr/disabilityoverview.html

Title I – Employment
applies to all
employers with 15
or more employees

EEOC
A complaint may be filed
with EEOC or OFCCP

Provides same remedies as
Title VII of the Civil Rights Act
of 1964, i.e. backpay, attorney’s
fees; injunctions, compensatory
and punitive damage

Title II –
Public Services 

Department of Justice
A complaint may be filed
with DOJ– Attorney General

Termination of federal funds; 
monetary damages;  attorney’s
fees;  and litigation costs

Department of  Transportation
A complaint may be filed with
the Dept. of Transportation

Provides remedies available
u nder Section 794 (504)
of the Rehabilitation Act

Title III–
Public Accommodations

Department of Justice
A complaint may be filed with
the Department of Justice or
private law suits filed

Injunctions; preventative relief; 
civil penalties of $50,000
up to $100,000 for any
subsequent violation

Department of Transportation
A complaint may be filed with
the Dept. of Transportation

Provides remedies available
under Section 794 of
the Rehabilitation Act

Title IV–
Telecommunications

Federal Communications Commission
A complaint may be filed
with the FCC

Revocation of certification

Rehabilitation Act of 1973, Section 794
(as amended)
Prohibits discrimination in programs
and activities and requires making
reasonable accommodations
www.ed.gov/policy/rights/guid/ocr/disabilityoverview.html

Department of Education,
Office of Civil Rights
Periodic compliance reviews; 
a complaint may be filed with
the Office of Civil Rights

Termination of federal
financial assistance; back pay;
attorney’s fees, reinstatement

Race, color or national origin

Title VI of Civil Rights Act of 1964
(as amended)
Prohibits discrimination in programs
or activities which receive federal financial assistance
www.ed.gov/policy/rights/ guid/ocr/raceoverview.html

Department of Education,
Office of Civil Rights
A complaint may be filed
with the Office of Civil Rights

Termination of federal
financial assistance

Race, sex, color, national origin and religion

Title VII of Civil Rights Act of 1964
(as amended)
Prohibits discrimination in employment
www.eeoc.gov/policy/vii.html

Equal Employment
Opportunity Commission (EEOC)
A complaint may be filed with EEOC
by an aggrieved applicant or
employee, or any person, agency
or organization on behalf of
a person claiming to be aggrieved

Back pay; attorney’s fees, injunctions;
compensatory & punitive damages

Executive Order 11246 of 1965
(as amended)
Prohibits discrimination and requires
affirmative action in employment; requires
employers with 50 or more employees and
a federal contract of $50,000 annually
to have a written affirmative action plan
www.dol.gov/esa/regs/statutes/ofccp/eo11246.htm

Department of Labor,
Office of Federal Contract
Compliance Programs (OFCCP)
Periodic compliance reviews;
a complaint may be filed with OFCCP

Back pay; cancellation, termination
and suspension of contracts and/or
debarment from future contract

Race, sex, age, color, national origin, religion and disability

Arizona Civil Rights Act
(as amended) A.R.S § 41-1401 et seq.
Prohibits discrimination in employment,
housing, public accommodations, and voting
www.azag.gov/civil_rights/laws.html
 Once on site, scroll to Chapter 9

Arizona Civil Rights Division,
Attorney General’s Office
A complaint may be filed with
the Arizona Civil Rights Division,
Attorney General’s Office

Reinstatement;  back pay; injunctions; 
attorney’s fees

Race, color, sex, religion, national origin,

age, disability AND veteran status

AZ Executive Order 93-2
Provides for state enforcement authority
for equal employment opportunity through
the Governor’s Office of Equal Opportunity
and for active encouragement to minority
and women-owned business enterprises.
www.azlibrary.gov/is/ state/eo/Symington/1993-20.pdf

Governor’s Office
of Equal Opportunity
Governor’s Office of Equal Opportunity
shall monitor and evaluate Equal
Opportunity Plans as required in
the State Equal Opportunity Guidelines

Sex

Title IX of Education Amendments of 1972
Prohibits discrimination on the basis
of sex in education programs or activities
www.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html

Department of Education,
Office of Civil Rights
Periodic compliance reviews;
a complaint may be filed with
the Office of Civil Rights

Termination of federal
financial assistance

Equal Pay Act of 1963
Prohibits discrimination in rates of
pay and benefits
www.eeoc.gov/ policy/epa.html

EEOC
A complaint may be filed
with EEOC

Back pay, salary increases

Sexual Orientation

AZ Executive Order 2003-22
Directs that no state agency, board
or commission (collectively “state agency”
shall discriminate in employment solely
on the basis of an individual’s sexual orientation
and gives notice to all state employees that
acts of sexual harassment or other
harassment based on sexual orientation
shall be a cause for discipline.
www.azlibrary.gov/is/state/eo/2003-22.pdf

Armed Forces Service Medal Veteran, disabled veteran,
Other Protected Veteran, Recently Separated Veteran,
Special Disabled Veteran, Veteran of the Vietnam Era

DEFINITIONS OF THESE TERMS

Vietnam Era Veterans
Readjustment Assistance Act of 1974
Prohibits discrimination in employment
against special disabled veterans,
veterans of the Vietnam, other protected
veterans, and recently separated veterans;
also requires affirmative action to employ
and advance in employment categories
mentioned above
www.dol.gov/esa/regs/statutes/ofccp/4212.htm

Department of Labor,
OFCCP and Veterans’
Employment Service
A complaint may be filed with
the Secretary of Labor, OFCCP
or Veterans’ Employment Service

Termination or cancellation
of contracts and/or debarment
from future contracts