Laws & Regulations
There are now a great number of federal and state laws, regulations, and University policies concerning equal opportunity and affirmative action, and literally hundreds of interpretations of these laws by various courts. The staff of the Office of AA/EO/D has over 100 years of combined experience working with University, state, and federal agencies, as well as with a variety of community civil rights organizations in the areas of nondiscrimination, affirmative action, and diversity.
The Office of AA/EO/D is uniquely qualified to interpret laws, regulations, and policies for managers, supervisors, employees, students, and members of protected groups.
The Office of AA/EO/D will help you find the most current interpretation of these laws. However, we do not offer legal advice.
- Federal Nondiscrimination Laws
- Federal Affirmative Action Laws
- State & Local Laws
- University Policy and Collective Bargaining Agreements
Nondiscrimination/Affirmative Action Laws
A. Some Applicable Nondiscrimination Laws
1. Title VII of the Civil Rights Act of 1964
Prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin.
2. Pregnancy Discrimination Act of 1978
Prohibits discrimination in employment against women affected by pregnancy or related conditions.
3. Title IX of the Education Amendments of 1972
Prohibits sex discrimination in educational programs or activities that receive federal funds.
4. Age Discrimination in Employment Act of 1967
Prohibits discrimination against employees or applicants for employment who are 40 years of age or older.
5. Age Discrimination Act of 1975
Prohibits discrimination on the basis of age by recipients of federal funds.
6. Equal Pay Act of 1963
Prohibits discrimination on the basis of sex in payment of wages for equal work.
7. Section 504 of the Vocational Rehabilitation Act of 1973
Prohibits discrimination against handicapped persons in any program or activity receiving federal funds.
8. Immigration Reform and Control Act of 1986
Prohibits discrimination against employees or applicants on the basis of national origin and citizenship (intended citizen).
9. Americans with Disabilities Act of 1990
Prohibits discrimination against persons with physical or mental disabilities in employment and in programs, services, and activities.
The Americans with Disabilities Act, signed into law July 26, 1990, makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also prohibits discrimination against individuals with disabilities in state and local government services, public accommodations, transportation and telecommunications. The regulations for each of these areas are carefully detailed in the Act’s five titled sections:
Title I
Employment
Title II
Public Services
Title III
Public Accommodations
Title IV
Telecommunication Relay Services
Title V
Miscellaneous Provisions
To obtain more detailed information on the ADA and its provisions, contact the Office of Affirmative Action/Equal Opportunity/Diversity at 476-4752.
10. Civil Rights Act of 1991
The act reverses parts of seven U.S. Supreme Court decisions handed down between 1989 and 1991 that were adverse to the interests of alleged victims of employment discrimination and provides for increased damages and jury trials in cases of intentional sex, religious, and disability bias.
B. Some Applicable Affirmative Action Laws
1. Executive Order 11246
Prohibits discrimination on the basis of race, color, religion, sex, and national origin and requires federal contractors to take affirmative action to correct underutilization of women and minorities (Blacks, Asians, Hispanics, and American Indians).
2. Section 503 of the Vocational Rehabilitation Act of 1973
Requires federal contractors to employ and promote qualified handicapped persons.
3. Vietnam-Era Veterans’ Readjustment Act of 1974
Requires federal contractors to take affirmative action to employ and advance in employment disabled veterans and qualified veterans of the Vietnam era.
4. Public Law 95-507
Requires federal prime contractors awarded contracts exceeding $500,000 ($1,000,000 in the case of construction contracts) must submit a subcontracting plan with percentage goals for the utilization of small, small disadvantage, and small women-owned firms.
C. Some Applicable State and Local Laws
1. California Fair Employment and Housing Act
Prohibits employment discrimination on the basis of race, religious creed, color, national origin, ancestry, sex, gender identity, sexual orientation, disability (including HIV/AIDS diagnosis), medical condition (cancer and genetic characteristics), marital status, age, pregnancy, childbirth, or related condition. Employment provisions also prohibit denial of medical, family care or pregnancy leave.
Acts of violence or threats of violence because of a person’s race, color, religion, ancestry, national origin, age, disability, sex, gender identity, sexual orientation, political affiliation or position in a labor dispute, or other characteristics such as those listed above, are prohibited by the Ralph Civil Rights Act, which is enforced by the Department of Fair Employment and Housing.
2. San Francisco Administrative Code, Chapter 12-B
Prohibits discrimination in employment on the basis of race, color, religion, ancestry, national origin, age, sex, gender identity, sexual orientation, height, weight, or disability .
D. University Policy and Collective Bargaining Agreements
In addition to federal, state, and local laws and regulations, University policy prohibits discrimination in employment on the basis of race, color, religion, marital status, national origin, ancestry, sex, gender identity, sexual orientation, physical or mental handicap, medical condition (cancer), status as a Vietnam-era veteran or disabled veteran, or within the limits imposed by law or University regulations because of age or citizenship. Collective bargaining agreements between the University and exclusive representatives also contain specific prohibitions against discrimination.
Contact Person: Michael B. Adams
Mailing Address: 3333 California Street, Room 101, San Francisco, CA 94143-0988
Campus Mail: Box 0988
Telephone: (415) 476-4752 Fax: (415) 476-6299E-Mail: madams@aaeod.ucsf.edu
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