EOS Law and Policy
Major laws prohibiting employment discrimination
1. Regulations requiring EEO/Non-Discrimination:
Title VII of the Civil Rights Act of 1964, as amended in 1972, 1978 and the Civil Rights Act of 1991
The most prominent source of anti-bias employment rules is Title VII of the Civil Rights Act of 1964. It forbids discrimination in all areas of the employer-employee relationship, from advertisement for new employees through termination or retirement, on the basis of race, color, sex (including pregnancy, childbirth, or abortion), religion, or national origin. The Civil Rights Act of 1991 included additional provisions to Title VII reversing or reinforcing certain U.S. Supreme Court decisions, damages for intentional discrimination and removal of exemptions for previously exempted employees of elected officials.
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990, as amended protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and individuals with disabilities with reasonable accommodations that do not impose undue hardship.
Age Discrimination in Employment Act of 1967 (ADEA)
The Age Discrimination in Employment Act of 1967 (ADEA), as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment.
Equal Pay Act of 1963
In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
Additional laws prohibiting employment discrimination can be found here.
2. Federal Contractor Regulations Requiring Affirmative Action
Executive Order 11246
The Executive Order 11246, as amended prohibits job discrimination on the basis of race, color, religion, sex or national origin and requires affirmative action to ensure equality of opportunity in all aspects of employment.
Rehabilitation Act of 1973
Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified individuals with handicaps who, with reasonable accommodation, can perform the essential functions of a job.
Vietnam Era and Disabled Veterans
38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to employ and advance in employment qualified protected veterans and qualified disabled veterans.
3. Student Oriented/Non-Discriminatory Regulations
Title VI of the Civil Rights Act of 1964
In addition to the protection of Title VII of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance.
Title IX of the Education Amendments of 1972
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
B. University Policies
Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited by Federal laws and by University policy.
At the University of Texas at San Antonio, any person who believes he or she has been discriminated against based on the reasons listed above should immediately contact the Office of Equal Opportunity Services.
D. Sexual Harassment, Sexual Assault and Sexual Violence
Title IX of the Education Amendments of 1972
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination based on gender in educational institutions which receive federal financial assistance. Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence. If you believe you have been sexually harassed or have been the victim of sexual violence, please contact UTSA's Title IX Coordinator to file a complaint.