Federal government contractors need to read: 94-21472 R-25.htm

Prohibited sex discrimination includes discrimination base on pregnancy, including sex-specific fetal protection policies. The ban on age discrimination covers people who are 40 years of age or older.

There are two types of discriminatory conduct: (1) disparate treatment -- intentionally treating someone differently because they are part of a protected group; and (2) disparate impact -- when an employer's practices have an adverse effect on people in a protected group.

Sex Harassment: Sex harassment is a form of sex discrimination and includes: (1) a demand for sexual favors in exchange for job benefits; and (2) sex-related conduct that interferes with an employee's work or creates a "hostile" work environment.   The issue of Sex Harassment is a major problem in the workplace -- it is disruptive and the legal consequences are costly.  More on Sex Harassment.

Disability: The Americans With Disabilities Act (ADA) prohibits discrimination against qualified people with disabilities and requires employers to make reasonable accommodation for them. The ADA applies to public and private employers with 15 or more employees. The ADA protects persons with AIDS and AIDS-related conditions, former drug abusers and former alcoholics.

The Rehabilitation Act of 1973 prohibits employers that do business with the government (including sub-contractors) and recipients of federal financial assistance from discriminating on the basis of disability. Expanded Remedies: The Civil Rights Act of 1991 provides for jury trials, and limited compensatory and punitive damages in all cases alleging intentional race, color, religion, sex, national origin or disability discrimination.

Retaliation: It is unlawful to retaliate against an employee who complains about unlawful discrimination.

Equal Pay: Employees who do jobs requiring equal skill, effort and responsibility may not be paid different wage rates based on their sex. Differences may only be based on seniority and bona fide merit systems.

Marital or Family Status: Job discrimination based on marital or family status. Employers may not question job applicants about their marital or family status.

Affirmative Action: Employers that do business with the government (including sub-contractors), and employers that receive federal financial assistance (grants) are prohibited from discriminating on the basis of race, sex, disability and veteran status.

Covered employers must include non-discrimination clauses in their contracts and employment advertisements, and must take other affirmative action to employ and promote members of protected groups. These employers must also maintain a written Affirmative Action Plan describing steps they are taking to employ or promote members of the protected groups. Covered employers are subject to compliance audits by federal agencies. 

Reporting Requirements: Covered employers are required to submit reports describing and analyzing the racial and sexual composition of their workforce.