INTRODUCTION LABOR RELATIONS STATUTES NATIONAL LABOR RELATIONS ACT (NLRA), 29 U.S.CA. § 151: Protects the right of workers to ORGANIZE, engage in collective bargaining, and use economic weapons, and prohibit discrimination because of membership or non-membership in a labor organization. DISCRIMINATION by the employer based on race, sec, national origin, age or disability is not prohibited by the NLRA. NLRA rights and provisions are ENFORCED by the NATIONAL LABOR RELATIONS BOARD. BREACH of the UNION’S duty of fair representation can be remedied through a damage and injunction suit in Federal District Court or through unfair labor practice proceedings before the NLRB, COLLECTIVE BARGAINING AGREEMENTS typically contain provisions for discharge only for GOOD CAUSE and require that promotions be based on a combination of seniority and merit, GRIEVANCE ARBITRATION is invoked by the exclusive authority of the UNION only, on behalf of the aggrieved worker. ‘The afbitrator’s award is then reviewed by the Federal Courts for enforcement. ‘The arbitrator's award prechudes the worker’s contract suit, but does not preclude a separate suit by the worker based on any Federal fair employment STATUTES, ‘The aggrieved worker has no power judicially enforce the COLLECTIVE BARGAINING AGREEMENT, but if the UNION breaches its duty of fair representation of the worker, the worker is fived by the UNIONS illegal conduct and may personally enforce the contract provisions against the employer, OVERY F EMP! INT DISt [ATION STATUTES AND PROGRAMS, PITLE Vil of the Civit Rights A2USC. TITLE Vil is the “centerpieces” of employment discrimination law. TITLE VI proseribes discrimination because of RACE, COLOR, RELIGION, SEX (including pregnancy), and NATIONAL ORIGIN, and it applies to EMPLOYERS, LABOR ORGANIZATIONS, and EMPLOYMENT AGENCIES. ‘TITLE VII was AMENDED in 1972 to allow the EEOC (Equal Employment Opportunity Commission) the authority to file judicial actions. Act was further amended to extend to PUBLIC EMPLOYERS.‘TITLE VIL was AMENDED in 1978 to add PREGNANCY to the definition of “Sex,” TILE VIL was AMENDED in 1991 to redefine DISPARATE IMPACT, discrimination based on TEST SCORES, allowed JURY TRIALS, allowed DAMAGES for ‘intentional discrimination, A RIMINATIO} A DEA) OF 1967, 29 US: 21 Similar in wording to TITLE VII but with DEFENSES and PROVISIONS unique to AGE DISCRIMINATION and with distinet enforcement mechanisms and the recovery of LIQUIDATED DAMAGES, ADEA applies to persons AGE 40 and over, ‘ADEA was AMENDED in 1974 to extend coverage to govemmental employers, ADEA was AMENDED in 1978 to prohibit MANDATORY RETIREMENT and extended the protected ‘age class from age 65 to age 70, ADEA was AMENDED in 1986 to eliminate the age 70 upper limit: however, age limits wero ‘maintained for fire fighters and police officers, ADEA was AMENDED in 1990 to require age-based benefit plans to be justified by their costs, clarified amendmen ty Standards, and established standards for waivers of age discrimination elaine 1991 amendments were procedural only. 1990, 42 U: 2d ADA prohibits discrimination against individuals with physical or mental disabilities by all employers subject to TITLE VII ‘The PROCEDURES and REMEDIES of TITLE VII are adopted by the ADA to enforce its provisions, ‘The PURPOSE of the ADA was fo mirror TITLE VI and to adopt judicial constructions of ts language, IMMIGRATION REFORM AND CONTROIACT (RCA) OF 1986. 8 USCA. £13248 IRCA covers discrimination against American Citizens and “Intending citizens” and national origin, IRCA covers employers of more than 3 employees and is administored by a SPECIAL COUNSEL in the Department of Justice, IRCA makes it an illegal IMMIGRATION RELATED PRACTICE to discriminate against applicants on the basis of NATIONAL ORIGIN or on tho basis of CITIZENSHIP for persons who are ctisens wy “intending citizens” of the United States,The Civil Rights Act of 1866, 42 U.S.C.A, $198) ‘The CIVIL RIGHTS ACT prohibits RACE DISCRIMINATION in contracting, including employment contracts, by governmental agencies and the private sector. ‘The Civil Rights Act was AMENDED in 1991 to apply to not only the “making” of contracts but also to the “performance, modification, termination, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship.” EQUAL PAY ACT (EPA) OF 1963, 29 USCA. §206(d) ‘The EPA was enacted as an AMENDMENT to the Fair Labor Standards Act, This Act regulates minimum wages, overtime, and child labor, ‘The EPA imposes an obligation on employers to provide EQUAL PAY for men and women who perform “equal work” UNLESS the pay is based on a seniority or merit system, or on some other “factor other than sex.” ‘The EPA is an ALTERNATIVE to TITLE VII for sex-based PAY discrimination. EPA remedies include LIQUIDATED DAMAGES, and tho EPA may be enforced privately without ADMINISTRATIVE prerequisites, This ORDER requires employers with FEDERAL SERVICE AND SUPPLY contracts and employers performing FEDERALLY FINANCED CONSTRUCTION to undertake “affirmative action.” ‘The ORDER is IMPLEMENTED through 41 CFR Parts 60-1 and 60-2 Prohibits discrimination based on race, sex, and national origin, just like TITLE VII, but imposes the additional OBLIGATION to undertake a “utilization analysis.” UTILIZATION ANALYSIS involves a study to determine which qualified women and minorities aro UNDERREPRESENTED in various job categories in PROPORTION to their overall availability in the job market, and to adopt a plan to remedy this situation, There is no PRIVATE REMEDY available. The aggrieved party must file an ADMINISTRATIVE, COMPLAINT with the Department of Labor. ‘This is an EXECUTIVE ORDER and may be revoked or amended without congressional approval by the President,