VII. The Historical Basis for Equal Employment Opportunity and Affirmative Action

Equal employment opportunity is a right of all people and is the responsibility of every employer, both public and private. The most important state and federal laws that apply to The University of Iowa and provide the legal basis for equal employment opportunity and affirmative action are summarized below.

A. Civil Rights Act of 1866

The Civil Rights Act of 1866, which protects all persons from discrimination because of their race or national origin, was enacted shortly after the abolition of slavery. This law provides protection in situations not specifically covered by the Civil Rights Act of 1964.

B. Executive Order 11246

Issued in 1965 and amended by Executive Order 11375, this executive order and the regulations implementing it require all federal government contractors or sub-contractors which employ 50 or more employees (such as The University of Iowa) to have written affirmative action plans and to make special efforts to correct the effects of past and present discrimination. The affirmative action plan must contain an analysis of the current workforce as it compares to the availability of women and minorities in the general labor pool.

C. Equal Pay Act of 1963

This act is an amendment to the Fair Labor Standards Act of 1938. It prohibits sex discrimination in the payment of wages and fringe benefits. It was amended in 1972 to include executive, administrative, and professional employees, including faculty.

D. Civil Rights Act of 1964

Title VI of the Civil Rights Act states that: "No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, or be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Title VII of the Civil Rights Act essentially provides that it is unlawful for an employer with 15 or more employees: "...to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin."

Title VII was later amended to empower the Equal Employment Opportunity Commission (EEOC) to administer the law. The amendment also extended the EEOC's jurisdiction to include public employers as well as private employers.

Title IX of the Education Amendments to the Civil Rights Act (1972) prohibits sex discrimination against students or employees at any educational institution receiving federal funds, and further requires such institutions to make every effort to treat men and women equally.

In total, the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, salaries, benefits, training, treatment of pregnancy, and other conditions of employment on the basis of race, color, religion, national origin, or sex. These protections are offered regardless of the citizenship status of the applicant or employee.

E. Iowa Civil Rights Act of 1965

Iowa 's Civil Rights Act of 1965 is similar to the protections offered by the federal Civil Rights Act of 1964. The Iowa Civil Rights Act prohibits discrimination in employment based on positive HIV tests or on AIDS or the symptoms of AIDS and on the basis of pregnancy, childbirth, and related conditions. Also prohibited is employment discrimination based on age, race, creed, color, sex, national origin, religion, and disability. The Iowa Civil Rights Act is administered and enforced by the Iowa Civil Rights Commission (ICRC).

F. Age Discrimination in Employment Act of 1967

The ADEA prohibits employers from discriminating in advertising, testing, promotions, benefits, and conditions of employment on the basis of age against anyone over the age of 40. The act is enforced by the EEOC.

G. Rehabilitation Act of 1973, Sections 503 and 504

Enforced by the Office of Federal Contract Compliance Programs, Section 503 of the Rehabilitation Act prohibits discrimination against any qualified employee or applicant because of a physical or mental disability. Section 503 also requires affirmative action by federal contractors and sub-contractors (contracts in excess of $2,500) in the hiring of people with disabilities.

Section 504 of this Act prohibits discrimination against any qualified applicants, students, or employees on the basis of disability in all programs and activities receiving federal funds.

H. Vietnam Era Veterans’ Readjustment Assistance Act of 1974

The act prohibits discrimination in employment practices on the basis of either disabled veteran status or Vietnam-era veteran status. It also requires that employers take affirmative steps to employ and promote qualified disabled veterans and Vietnam-era veterans.

I. Age Discrimination Act of 1975

This legislation prohibits discrimination on the basis of age in programs and activities receiving federal funds.

J. Americans with Disabilities Act of 1990

The ADA is comprehensive legislation that prohibits discrimination against individuals with disabilities in private and state and local government employment; public accommodations; public transportation; state and local government services; and telecommunications.

K. Iowa Executive Order #15 (1973), #46 (1982)

These orders prohibit discrimination and outline affirmative action requirements with regard to race, creed, color, religion, national origin, sex, age, and disability status.

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