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42 U.S.C. s. 1981 & 1983

42 U.S.C. s. 1981 & 1983. 42 U.S.C. s. 1981: intentional discrimination based on race or color St. Francis College v. Al-Khasraji S. 1981A – compensatory and punitive damages for intentional violations of Title VII, ADA, s. 501 of Rehab Act

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42 U.S.C. s. 1981 & 1983

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  1. 42 U.S.C. s. 1981 & 1983 • 42 U.S.C. s. 1981: intentional discrimination based on race or color • St. Francis College v. Al-Khasraji • S. 1981A – compensatory and punitive damages for intentional violations of Title VII, ADA, s. 501 of Rehab Act • 43 U.S.C. s. 1983: intentional action “under color of state law” causing deprivation of any rights guaranteed by law • No administrative enforcement – individual right to sue

  2. E.O. 11246 • Federal Contractors ($10K) must agree not to discriminate on race, color, religion, sex or national origin • Contractors with $50K and 50+ employees must have written affirmative action plan • Utilization Analysis of Workforce • Goals and Timetables to remedy underutilization of women and minorities

  3. NLRA: UNFAIR LABOR PRACTICES & EEO • By Employers: • S. 8(a)(1) -- interference, coercion or restraint of employees’ S.7 rights • S. 8(a)(5) -- failure to bargain in good faith • By Unions: • S. 8(b)(1) -- interference, coercion or restraint of employees’ S.7 rights • S. 8(b)(1) -- Duty of Fair Representation

  4. STATE EEO LEGISLATION • Broad Protections -- go beyond Title VII and other federal legislation • Genetic Characteristics or Traits • Criminal Record • Marital or Family Status • Sexual Orientation (Ca., Col., Conn., D.C., Ha., Ill., Iowa, Me., Md., Mass., Minn., Nev., N.H., N.J., N.M., N.Y., Ore., R.I., Vt., Wash., & Wis. ) • Other Legislation: Whistleblower laws, Off Duty Conduct

  5. Employee Polygraph Protection Act • Applies to “employers engaged in commerce” • Covers polygraph, voice stress analyzer, psychological stress evaluator or similar device • Prohibits use of polygraph for selection or during employment • Exceptions: • Public sector employers • Private contractors to national security services • Ongoing investigation involving economic loss • Employees of private security services • Employees with access to restricted drugs

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