Appendix B. Legal Basis of Affirmative Action

Affirmative Action

Appendix B. Legal Basis of Affirmative Action - Affirmative Action Handbook

There are numerous federal and state legislative acts and executive orders which prohibit discrimination of various types in the workplace. Among the more important pieces of legislation which provide a legal basis for the goals of both equal employment opportunity and affirmative action, are the following (Information adapted from "Federal Administrative Requirements for Colleges and Universities," National Association of College and University Business Officers):

Title VI of the Civil Rights Act, as amended. This act prohibits discrimination on the basis of race, color, or national origin.

Title VII of the Civil Rights Act of 1964, as amended. This act prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, treatment of pregnancy, and other conditions of employment) on the basis of race, color, religion, national origin, or gender.

Title IX of the Education Amendments of 1972, as amended. This act prohibits discrimination on the basis of gender.

Executive Order 11246, as amended. This presidential executive order prohibits federal contractors and subcontractors (like MSU) from discriminating against any employee or applicant for employment because of race, color, religion, gender, or national origin. In compliance with this Order, contractors take affirmative action to ensure that protected class, underutilized applicants are employed, and that employees are treated without discriminatory regard to their protected class status.

Equal Pay Act of 1963, as amended. This act prohibits discrimination in salaries (including almost all fringe benefits) on the basis of gender.

Age Discrimination in Employment Act of 1967. This act prohibits discrimination against applicants and employees who are 40 or more years of age.

Age Discrimination Act of 1975. This act prohibits discrimination on the basis of age.

Vietnam-Era Veterans Readjustment Assistance Act of 1974. This act prohibits discrimination in employment practices (including hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of pay, or other forms of compensation and selection for training) on the basis of being either a disabled veteran or a veteran of the Vietnam era.

Section 503 of the Rehabilitation Act of 1973, as amended. This act sets affirmative action obligations of federal contractors and subcontractors with respect to employees and for the advancement in employment of persons with disabilities.

Section 504 of the Rehabilitation Act of 1973, as amended. The act prohibits discrimination against any qualified applicants, students, or employees on the basis of disabilities in all programs and activities receiving federal funds.

The Retirement Equity Act of 1984. This act is designed to provide greater pension equity for women and for all workers, their spouses, and dependents by taking into account changes in work patterns and in the status of marriage (child care leave) as an economic partnership.

Elliott-Larsen Civil Rights Act (Michigan Act No. 453, Public Acts of 1976). Prohibits discriminatory practices, policies and customs in the exercise of defined civil rights, based upon religion, race, color, national origin, age, gender, height, weight, or marital status.

Michigan Persons with Disabilities Civil Rights Act (Michigan Act No. 220, Public Acts of 1976). This act defines the civil rights of individuals who have disabilities; and prohibits discriminatory practices, policies, and customs in the exercise of those rights.

Americans with Disabilities Act of 1990. This act defines the civil rights of individuals who have disabilities; and prohibits discriminatory practices, policies, and customs in the exercise of those rights.

Michigan State University has long recognized its moral and ethical responsibility to ensure equal opportunity in the workplace. "The policy of Michigan State University," as enunciated in the MSU Faculty Handbook is, "Michigan State University is committed to the principles of equal opportunity, nondiscrimination and affirmative action. University programs, activities and facilities are available to all without regard to race, color, gender, religion, creed, national origin, political persuasion, sexual orientation, marital status, physical condition or age. The University is an Affirmative Action, Equal Opportunity Employer." A booklet, Human Rights, the University's Commitment, has been prepared to provide background, to list in detail the Board of Trustees' policies regarding equal opportunity and to answer questions related to human rights. It is available from the Office of Inclusion and Intercultural Initiatives. Equal access to employment opportunities, admissions, educational programs, and all other University activities is extended to all persons, and the University promotes equal opportunity through a positive and continuing affirmative action program.

Statutes, executive orders, and regulations do not, however, automatically ensure equity and equality in employment. That can only be achieved by the full and enthusiastic support of the ideals and goals of affirmative action by all members of the University community. Ultimately, we all have ownership of affirmative action.

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