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Diversity and Inclusion Guidance

All DOE diversity and inclusion policies, practices and programs must comply with Federal Equal Employment Opportunity laws, Merit Systems Principles, the foundation of the Civil Service, and not constitute a Prohibited Personnel Practice.

Federal Laws That Prohibit Workplace Discrimination

The following laws are enforced by Equal Employment Opportunity Commission (EEOC):

The VII of the Civil Rights Act of 1964 (Title VII), which makes it illegal to discriminate against a person on the basis of race, color, religion, sex, or national origin. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. http://www.eeoc.gov./laws/statutes/titlevii.cfm

The Pregnancy Discrimination Act, which amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. http://www.eeoc.gov/laws/statutes/pregnancy.cfm.

The Equal Pay Act of 1963, which makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. Website: http://www.eeoc.gov/laws/statutes/epa.cfm

Title I of the Americans with Disabilities Act of 1900 (ADA), which makes it illegal to discriminate against a person with a disability in private companies and state and local governments. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. http://www.eeoc.gov/laws/statutes/ada.cfm

Section 501 and 505 of the Rehabilitation Act of 1973, which makes it illegal to discriminate against a person with a disability in the Federal Government. The law also protects individuals from retaliation if they complain about discrimination or participate in the EEO process. http://www/eeoc.gov/laws/statutes/rehab.cfm

The Age Discrimination in Employment Act of 1967 (ADEA), which protects people who are age 40 or older from discrimination because of age. The law also protects them from retaliation if they complain about age discrimination or participate in the EEO process. http://www.eeoc.gove/laws/statutes/adea.cfm

The Genetic Information Nondiscrimination Act of 2008 (GINA), prohibits the improper use of genetic information in health insurance and employment; bars employers from using individuals’ genetic information when making a hiring, firing, job placement, or promotion decisions.  http://www.eeoc.gov/laws/statutes/gina.cfm

Uniform Service Employment and Reemployment Rights Act (USERRA), protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the Nationals Disaster Medical System. USERRA also prohibits employers from discrimination against past and present members of the uniformed services, and applicants to the uniformed services. http://www.dol.gov/laws/vets/programs/userra.htm

 The Civil Service  Reform Act of 1978 (CSRA), makes it illegal to discriminate against a federal employee or job applicant on the bases of race, color, national origin, sex, age, or disability. The CSRA also prohibit discrimination the bases of certain other factors that don’t adversely affect employee performance, such a marital status, political association, and sexual orientation. The CSRA makes it illegal to fire, demote, or otherwise “retaliate” against a federal employee or job applicant for whistle-blowing or for exercising the right to file a complaint, grievance, or an appeal.  The Office of Special Counsel and the Merit Systems Protection Board enforced the CSRA. For more information, contact the Office of Personnel Management at (202) 653-7188 or visit http://www.opm.gov/.