The Fifth and Fourteenth Amendments of the U.S. Constitution have provided shelter for many cases fighting against discrimination. The Equal Protection Clause, included in the Fourteenth Amendment to the U.S. Constitution, affirms, "No state shall deny to any person within its jurisdiction the equal protection of the laws." These Amendments limit the power of state and federal governments to discriminate against their employees. Discrimination in the private sector was not prohibited by the Constitution, but a growing number of federal and state statutes have sought to limit it.
In 1963, the Equal Pay Act amended the Fair Labor Standards Act. The Equal Pay Act does not prohibit discrimination in hiring, but it does outlaw unequal payment of wages based on sex. It also holds that workers performing equal work in jobs requiring “equal skill, effort, and responsibility and performed under similar working conditions,” they must receive equal pay.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. The act is applicable to employers with 15 or more employees, including federal, state, and local governments. Title VII is also applicable to private and public colleges and universities, employment agencies, and labor organizations. It forbids discrimination in any aspect of employment.
The Executive Order 11246 (1965) "prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin." It also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
The Age Discrimination in Employment Act (ADEA) from 1967 bans discrimination based on age, using language nearly identical to Title VII. Employees are protected from age discrimination once they reach the age of 40. The ADEA also contains explicit guidelines for benefit, pension, and retirement plans.
The Equal Employment Opportunity Act of 1972 extended the Equal Employment Opportunity Commission’s (EEOC) jurisdiction to employers with more than 15 employees, unions with more than 15 members, and federal employment activity at all levels. The new act also made it easier to bring a class-action suit.
The goal of the Rehabilitation Act of 1973 is to "promote and expand employment opportunities in the public and private sectors for handicapped individuals" through anti-discrimination practices and some forms of affirmative action. The act covers federal government agencies and employers receiving more than $2,500 in federal funds.
The Americans with Disabilities Act (ADA) of 1990 also bans discrimination against the disabled by state governments and employers engaged in interstate commerce. Various nineteenth-century civil rights acts, amended in 1993, guarantee all people equal rights under the law and outline the damages available to those who bring lawsuits under the Civil Rights Act of 1964, Title VII, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973.
According to EEOC laws, the only companies that are required to have a written, up-to-date affirmative action plan in place are federal contractors or subcontractors who have fifty or more employeesand acontract of $50,000 or more; have government bills of lading which, in any 12 months, total $50,000 or more; serve as a depository of government funds in any amount, and is a financial institution which is an issuing and paying agent for US savings bonds and savings notes in any amount.