Legal Information Related to

Cultural Diversity

· Equal Pay Act of 1963

This law states it is unlawful to pay workers of one sex at a rate different from that paid to the other sex where jobs in question involve equal skill, effort or responsibility, and are performed under similar working conditions in the same establishment. It requires equal pay for equal work.

· Civil Rights Act of 1964

Protects constitutional rights in public facilities and public education, and prohibits discrimination in federally assisted programs. This act was amended by the Civil Rights Act of 1991, which provides for the elimination of discrimination in the private and federal workplace on the basis of race, color, religion, sex, or national origin. It also states that sexual harassment is illegal; this applies to members of the same or opposite sex.

· Immigration Act of 1965

States the basic laws of U.S. citizenship and immigration and gives preference to immigrants with skills needed in the United States and to close relatives of U.S. citizens. A 1990 law continued these preferences. Aliens must be admitted as legal immigrants to secure U.S. citizenship.

· Title IX of the Educational Amendments of 1972

Prohibits sex discrimination by educational institutions receiving federal funds.

· Vocational Rehabilitation Act of 1973

Makes it unlawful for a federal contractor to discriminate against a person because of a physical or mental disability. Disabled status is defined as a physical and/or mental impairment that substantially limits one or more life functions. The law requires such contractors to adopt affirmative action programs to hire and advance in employment-qualified people with disabilities.

Section 504 of the Rehabilitation Act of 1973 prohibits disability discrimination.

· Vietnam Era Veterans Readjustment Act of 1974

Prohibits federal government contractors from discriminating against qualified disabled veterans and veterans of the Vietnam era. The law further requires that employers take affirmative action to hire and promote included veterans.

· Age Discrimination Act of 1975

Makes it unlawful to discriminate against employees or job applicants over the age of 40.

· Pregnancy Discrimination Act of 1978

Requires employers to treat women affected by pregnancy, childbirth, and related medical conditions in the same manner as their other employees for all employment related purposes.

· Americans with Disabilities Act of 1990

Forbids discrimination by any public entity against qualified people with disabilities or those perceived to have disabilities.

Effective July 26, 1994, the ADA covers employers with 15 or more employees. From July 26, 1992 to July 26, 1994, ADA covered employers with 25 or more employees.

· Family and Medical Leave Act (FMLA) of 1993

FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.

FMLA applies to all:

o Public agencies, including state, local and federal employers, local education agencies (schools); and

o Private-sector employers who employed 50 or more employees in 20 or more work weeks in the current or preceding calendar year and who are engaged in commerce or in an industry or activity affecting commerce.

To be eligible for FMLA benefits, an employee must:

o Work for a covered employer;

o Have worked for the employer for a total of 12 months;

o Have worked at least 1,250 hours over the previous 12 months; and

o Work at a location in the United States or in territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Important points to REMEMBER:

1. Different states may have different laws relating to nondiscrimination and hate crimes.
2. Different educational systems, organizations and companies have different policies related to diversity, harassment and nondiscrimination.
3. Laws and policies continue to change.

J Thank you to Dr. Paul Leung of the University of North Texas for sharing the above information from the Teaching Guide to his course on “Multicultural Dimensions in Counseling.”