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Laws on Sex Discrimination in Employment

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Laws on Sex Discrimination in Employment m LAWS ON SEX DISCRIMINATION IN EMPLOYMENT FEDERAL CIVIL RIGHTS ACT, TITLE VII-STATE FAIR EMPLOYMENT PRACTICES LAWS VrssT T Digitized forU.S FRASER. DEPARTMEN T OF LABOR * WOMEN'S BUREAU APRIL 1967 http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis LAWS ON SEX DISCRIMINATION IN EMPLOYMENT FEDERAL CIVIL RIGHTS ACT OF 1964. TITLE VII Title VII of the Federal Civil Rights Act, ap- tend to limit employment opportunities, or other- proved July 2, 1964, prohibits discrimination in wise adversely affect the employee's status based private employment based on sex, in addition to on sex; the usual grounds of race, color, religion, and For employers, labor organizations, or em- national origin. Effective July 2, 1965, the title ployment agencies to print, publish, or cause to is administered by a five-member bipartisan be printed or published advertisements indicating Equal Employment Opportunity Commission ap- preference, limitation, specification, or dis- pointed by the President. crimination, based on sex; Coverage and Exemptions For employers, labor organizations, or joint labor-management committees to discriminate in Title VII covers private employment and labor admission to or employment in apprenticeship or organizations engaged in industries affecting other training or retraining programs, based on commerce, as well as employment agencies, in- sex. cluding the U.S, Employment Service system. In general, employers and unions with at least 100 Major Exceptions to Prohibited Employment employees or members, respectively, are covered Practices during the first effective year of the act; 75 em- ployees, during the second year; 50, during the Major exceptions to prohibited employment third year; and 25, during the fourth year and practices may be permitted when: thereafter. Sex is a bona fide occupational qualification Title VII exempts from coverage private reasonably necessary to the normal operation of membership clubs, religious educational institu- the business. tions, employees of an educational or a religious Differentials in compensation, different institution who further the educational or religious terms, conditions, or privileges of employment activities of such institution, and Indian tribes. are based on a seniority, merit, or incentive system. Unlawful Employment Practicts Different wages are paid in different loca- Under title VII it is an unlawful employment tions. practice: Differentials in wages or compensation are "authorized" by the Federal Equal Pay Act. For employers to refuse to hire, to dis- charge, or otherwise ^ discriminate against a Differentials are based on ability tests that person with respect to compensation, terms, con- are not intended to discriminate. (See appendix A, ditions, or privileges of employment based on Guidelines on Discrimination Because of Sex.) sex; to limit, segregate, or classify employees in such a way as to deprive any individual of employ- Effect on State Laws ment opportunities or otherwise adversely affect the employee's status, based on sex; It is stated specifically that nothing in title VII shall relieve a person from any liability, For labor organizations to exclude, expel duty, penalty, or punishment provided by any State from membership, or otheirwise discriminate law, other than a law that permits the doing of an against any individual based on sex; to limit, act which would be an unlawful employment prac- segregate, or classify its membership, or to tice under the title. (See appendix B, part I, for classify or fail or refuse to refer for employment EEOC policy as to relationship between title VII any individual in any way that would deprive or and State protective labor laws for women.) Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis STATE FAIR EMPLOYMENT PRACTICES LAWS Of the 36 States,! the District of Columbia,^ and the District of Columbia exempt private and Puerto Rico that have mandatory fair employ- social clubs. All have some type of religious ment practices laws, 13 States ^ and the District exemption—either the entire organization, a par- of Columbia prohibit discrimination based on sex. ticular type of agency such as a religious educa- Of these 14 laws, 10 are administered by an in- tional agency, or only the employees of the or- dependent commission and 3— Hawaii, Utah, and ganization whose work is connected with the Wisconsin —by a State agency; and 1— Idaho —is propagation of the particular religion* In addition, enforceable in the courts as a misdemeanor. all but Hawaii, Idaho, Wisconsin, and the District of Columbia exempt employers with less than a In only 2 States—Hawaii and Wisconsin— specified number of employers. Maryland and were the prohibitions against discrimination based Nebraska follow exactly the Federal require- on sex enacted prior to the passage of the Federal ment for coverage, but in the other 8 States the Civil Rights Act of 1964. In 9 jurisdictions the requirements range from 2 or more employees laws were effective on varying dates in 1965; in in Wyoming to 25 or more in Missouri and Utah. Michigan the amendment prohibiting sex dis- Exemptions not aUowed by the Federal law but crimination was effective in 1966; and in Idaho included in State laws are: domestic service in and Nevada the amendments prohibiting sex dis- 5 States—Massachusetts, Michigan, Nebraska, crimination will be effective on specified dates New York, Utah—and the District of Columbia; in 1967. and family employment in 4 States—Massachu- setts, Nebraska, New York, Wisconsin—and the Coverage and Exemptions District of Columbia. In addition to covering private employment, Unlawful Employment Practices all but Hawaii, Maryland, Nebraska, Nevada, and the District of Columbia cover public employment. In general, the employment practices pro- hibited by State laws are the same as those In Maryland the law applies only to em- prohibited by the Federal law. In some instances ployers. In all other jurisdictions the law states the wording of State laws is slightly different from specifically that employers, labor organizations, the wording of Federal law in that they may pro- and employment agencies are covered. hibit discrimination in promotions or tenure as well as in "terms, conditions, and privileges of In general, the exemptions follow those of employment." Utah is the only State that does not title VII. All the jurisdictions except Hawaii, use the wording: "terms, conditions, and priv- Idaho, Michigan, Missouri, New York, Wyoming, ileges of employment." Discriminatory adver- tising is prohibited in all the laws except those ^Alaska, Arizona, California, Colorado, Connecticut, of Idaho, Maryland, Wisconsin, and Wyoming. Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Arizona, Missouri, Nebraska, Nevada, New York, Kentucky, Maine, Maryland, Massachusetts, Michigan, Utah, and the District of Columbia specifically Minnesota, Missouri, Montana, Nebraska, Nevada, New include training programs. Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Wash- ington, West Virginia, Wisconsin, Wyoming. Oklahoma pro- Maior Exceptions vides for voluntary compliance in private employment; however, the law is mandatory with respect to State em- It is interesting to note that sex as a bona ployment. fide occupational qualification is an exception in ^Police regulations were amended June 10, 1965, to all the jurisdictions except Maryland and Wyo- include Article 47, Order No. 67-768. 3 Arizona, Hawaii, Idaho, Maryland, Massachusetts, ming, which have no exceptions of any kind. Other Michigan, Missouri, Nebraska, Nevada, New York, Utah, exceptions include: differentials pursuant to a Wisconsin, Wyoming. In addition, Colorado's fair employ- bona fide seniority, merit, or incentive wage ment practices law prohibits discrimination in apprentice- system, or differentials in wages paid in different ship and training programs. Washington has an executive locations (as provided in Arizona, Missouri, order that bans discrimination based on sex in public em- ployment. Alaska and Vermont fair employment practices Nebraska, Nevada, and Wisconsin); differences in laws prohibit discrimination in wage rates only, which makes terms and conditions of bona fide retirement, pen- them essentially equal pay laws. sion, and mutual benefit or insurance plans Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis (Hawaii, Michigan, Missouri, New York, Wis- specific reference to the code sections of State consin, and the District of Columbia); and any law labor laws for women; in Missouri and Nebraska that controls employment of minors (Hawaii). the reference is to other laws in the statute. The New York State Commission for Human Rights that administers its FEP law has issued rulings In Relation to Other State Labor Laws for interpreting the "sex" provisions of its law. In Women addition, the Utah Industrial Commission, Anti- The fair employment practices laws of 3 Discrimination Division, has issued guidelines States—Massachusetts, Missouri, and Nebraska— on sex discrimination. (See appendix B, part II, specifically provide that State labor law stand- for excerpt from the State law, the New York ards in effect for women are not invalidated by State ruling, and the Utah Sex Discrimination the FEP laws. In Massachusetts there is a Guidelines.) Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis FEDERAL CIVIL RIGHTS ACT, 1964, AND STATE EMPLOYMENT
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