Employment and Labor Laws
In our efforts to achieve equal employment opportunity for everyone in the service of the Metropolitan Government, we are guided by the intent and mandates of all applicable laws. Major laws governing employment in the public sector include but are not limited to the following federal and state laws:
- Civil Rights Act of 1964, Title VII — Makes it unlawful for an employer to discriminate as to hiring, firing, compensation, terms, conditions or privileges of employment on the basis of race, color, religion, gender, or national origin. It also forbids employers to limit, segregate or classify employees in any way that tends to deprive any individual of employment opportunities or adversely affects his employment status because of his race, color, religion, gender or national origin. This also applies to people in apprenticeship, training and retraining programs. It is also illegal to indicate a preference in advertisements relating to employment. Major amendments:
- Pregnancy Act of 1978 — Clarified that women affected by pregnancy and related conditions must be treated the same as other applicants and employees on the basis of their ability or inability to work.
- Guidelines on Discrimination Because of Sex (1972 and 1980) — Established specific prohibitions of discrimination based on gender and make sexual harassment a violation of Title VII.
- Civil Rights Restoration Act of 1987 — Specifies that entire institutions receiving federal funds, rather than just programs or activities receiving the funds, must comply with Civil Rights laws.
- Executive Order 11246 (as amended by Executive Order 11375) — Imposes on government contractors and subcontractors obligations parallel to those established by Title VII of the Civil Rights Act. This order also prohibits discrimination on the basis of age or physical disability and requires that contractors take affirmative action to ensure equal opportunity.
- Fourteenth Amendment — Declares that no state make any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor shall any state deny persons within its jurisdiction the equal protection of the laws.
- Equal Pay Act of 1963 (amendment to the Fair Labor Standards Act) — Mandates equal pay for equal work regardless of gender: the benchmarks for a job are skill, effort, responsibility and working conditions and the exceptions are applications of seniority or a merit system, a measure of quantity or quality of production or any other factor other than gender.
- Age Discrimination in Employment Act of 1967 (as amended in 1978) — Prohibits age-based employment discrimination against individuals 40 years of age or older.
- Rehabilitation Act of 1973 — Section 503 requires employers with federal contracts to take affirmative action for the employment of disabled people. Section 504 forbids discrimination against disabled persons by any employers receiving federal financial assistance.
- Americans with Disabilities Act of 1990, Title I — Prohibits covered employers from discriminating against a qualified individual with a disability in all areas of employment.
- Immigration and Nationality Act (Immigration Reform and Control Act of 1986 as amended) — The IRCA establishes sanctions against employers who knowingly recruit or hire illegal aliens and allows preference for U.S. citizens or nationals over equally qualified aliens. The law prohibits discrimination against foreign nationals by employers who are not covered by Title VII of the Civil Rights Act.
- Civil Rights Act of 1991 — Amends and provides statutory guidelines for implementation of Title VII of the Civil Rights Act of 1964.
- Tennessee Human Rights Act — Forbids job discrimination on the basis of race, creed, color, religion, gender, age or national origin.
- Tennessee Maternity Leave Act — Allows a female employee to take four months leave, paid or unpaid, for pregnancy, childbirth and nursing the infant.
- Tennessee Handicapped Discrimination Act — Prohibits discrimination against disabled persons.
- Tennessee Equal Pay Act — Prohibits discrimination in the rate of pay because of gender.
Utilization Analysis
A periodic utilization analysis will be done to help monitor representation by race and sex in each department. Such analysis will compare departmental representation within EEO categories to similar numbers in the local labor market workforce. Statistics used are taken from the most current U.S. Census data adjusted by State reports on unemployment.