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Equity Diversity and Affirmative Action Administration

State University of New York at Buffalo

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Laws, Executive Orders and Regulations

CATEGORIES

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Affirmative Action

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Age

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Disability

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Equal Opportunity / Equal Access

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Equal Pay

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Harassment / Sexual Harassment

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Non-Discrimination

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Medical Leave

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Religion

(Click on any of the above headings to view the related laws, rules and regulations)

Affirmative Action

Federal Laws, Executive Orders and Regulations

Revised Order No. 4

Detailed guidelines for Federal contractors on how to develop a written affirmative action program.

Revised Order No. 14

Provides guidance to Federal contractors on how enforcement agencies evaluate written affirmative action compliance programs and conduct compliance reviews.

Section 503 of the Rehabilitation Act of 1973

Requires that government contractors and subcontractors take affirmative action to employ and advance in employment qualified disabled individuals, and that contractors, subcontractors and their representatives shall not discriminate against individuals because of their physical or mental disability in any employment practice (hiring, training, compensation, upgrading, etc.).

Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1964

Affirmative action obligations of contractors and subcontractors for disabled veterans and veterans of the Vietnam Era.

New York State Laws, Executive Orders and Regulations

Article 15-A (1988)

An act to amend the executive law and the state Finance law, in relation to participation by minority group members and women with respect to state contracts.

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Age

Federal Laws, Executive Orders and Regulations

Age Discrimination Act of 1975

Prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

Age Discrimination in Employment Act of 1967 as Amended

Applies to individuals age 40 and over, and specifies that it is unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's age.

New York State Laws, Executive Orders and Regulations

Executive Order No. 96 (Governor Cuomo, 1987)

Promotes a New York State policy against age discrimination in the workplace. Requires that all employers within the Executive Branch of State government evaluate and examine their hiring and job retaining standards to ensure their compliance with the age discrimination law.

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Disability

Federal Laws, Executive Orders and Regulations

Americans with Disabilities Act (ADA) of 1990

Called by sponsors the "Emancipation Proclamation for Those with Disabilities." The law prohibits discrimination against qualified people with disabilities in employment, public services and transportation, public accommodations, and telecommunications services.

Section 504 of the Rehabilitation Act of 1973

Prohibits discrimination on the basis of physical or mental disability in every federally assisted program or activity in the country.

New York State Laws, Executive Orders and Regulations

Executive Order No. 51 (Governor Cuomo, 1983)

Establishes the Office of the Advocate for the Disabled.

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Equal Opportunity / Equal Access

Federal Laws, Executive Orders and Regulations

Title IX of the 1972 Education Amendments

The law reads: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

New York State Laws, Executive Orders and Regulations

Equal Opportunity for Women (A Position Paper - No. 14, State Education Department)

A statement of policy and proposed action by the Regents of the University of the State of New York to provide equal educational and employment opportunities for women.

Executive Order No. 6 (Governor Cuomo, 1983)

Insures equal employment opportunities for minorities, women, disabled persons and Vietnam Era Veterans in State government. The order clarifies and expands the power of the President of the Civil Service Commission and the Governor's Executive Committee for Affirmative Action to ensure that agencies develop and implement effective affirmative action plans (supersedes Executive Order No. 40. 1).

Minority Access To and Participation In Post Secondary Education (A Position Paper - No. 15, State Education Department)

A statement of policy and proposed action by the Regents of the University of the State of New York to provide for equality of educational opportunity which means that access to educational resources shall be rendered as nearly as possible to all, regardless of race, religion, or national origin, regardless of low economic status and poor educational preparation at earlier levels not within the control of the individual.

Native American Education (A Position Paper - No. 22, State Education Department)

A statement of policy and proposed action by the Regents of the University of the State of New York to provide educational services for Native Americans on the State reservations and tribal lands.

New York State Human Rights Law

Guarantees equal opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sex, marital status or disability. Guarantees the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color, national origin, sex, marital status, or disability. Prohibits discrimination on the basis of ex-offender status.

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Equal Pay

Federal Laws, Executive Orders and Regulations

Equal Pay Act

Requires the same pay for men and women for equal work on jobs the performance of which requires skill, effort, and responsibility, and which are performed under similar working conditions.

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Harassment / Sexual Harassment

Federal Laws, Executive Orders and Regulations

Equal Employment Opportunity Commission Guidelines on Sexual Harassment

Prohibits unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which imposes a requirement of sexual cooperation as a condition of employment.

Notice of Investigative Guidance on Racial Incidents and Harassment (Title VI of the Civil Rights Act of 1964)

Discusses the investigative approach that the Office for Civil Rights staff will follow when investigating issues of discrimination against students based on alleged racial incidents - including incidents involving allegations of harassment on the basis of race - that occur at educational institutions.

New York State Laws, Executive Orders and Regulations

Executive Order No. 19 (Governor Cuomo, 1983)

Establishes a New York State policy statement condemning sexual harassment in the workplace.

Executive Order No. 28 (Governor Cuomo, 1983)

Prohibits all State agencies from discriminating on the basis of sexual orientation in any matter relating to employment by the State including hiring, promotion, tenure and compensation.

Executive Order No. 28.1 (Governor Cuomo, 1987)

Directs the New York State Division of Human Rights to implement a procedure to ensure the swift and thorough investigation of complaints of discrimination based on sexual orientation in New York State Agencies and Departments.

Executive Order No. 154 (Governor Cuomo, 1992)

Establishes the Governor's Task Force on Sexual Harassment - created to assess the extent to which the illegal form of unlawful sex discrimination continues to exist in New York State in both the public and private sectors and make recommendations for assuring effective redress for victims, enhancing public understanding of sexual harassment and eradicating it from the work place.

New York State-wide Policy on Sexual Harassment

A statement from the Governor's Office of Employee Relations on sexual harassment applicable to all State entities.

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Non-Discrimination

Federal Laws, Executive Orders and Regulations

Civil Rights Act of 1964

Enforces the constitutional right to vote; provides relief against discrimination in public accommodations; protects constitutional rights in public facilities and public education; prevents discrimination in federally assisted programs. Amended in 1972 to include discrimination in employment (see Title VII below).

Civil Rights Act of 1991

The purposes of the Act are (1) to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace; (2) to codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v. Duke Power Co., (1971), and in other Supreme Court decisions, prior to Wards Cove Packing Co. v. Atonio (1989) to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under Title VII of the Civil Rights Act of 1964; and to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination. The Act provides for compensatory and punitive damages and jury trials in cases of sex, religious, and disability bias.

Civil Rights Restoration Act of 1988

Overturns the U.S. Supreme Court's 1984 decision in Grove City v. Bell, and specifies that recipients of federal funds must comply with civil rights laws in all areas, not just in a particular program or activity that receives federal funding. Applies to Title IX of the Education Amendments of 1972, Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act.

Executive Order No. 11246 as Amended

Prohibits employers doing business with the Federal Government from discriminating in employment because of race, color, religion, sex or national origin. Employers must also take positive measures to hire and promote qualified minorities and women.

Title VI of the Civil Rights Act of 1964

Prohibits discrimination on the grounds of race, color or national origin in programs and activities receiving Federal financial assistance.

Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972

Makes it unlawful to discriminate in employment practices on the basis of race, color, religion, sex, or national origin. Creates Equal Employment Opportunity Commission as enforcement agency.

U.S. Office for Civil Rights Vocational Education Guidelines(1960)

The guidelines are administered by the New York State Department of Education and require the adoption of a compliance program to prevent, identify, and remedy discrimination on the basis of race, color, national origin, sex, or disability in all vocational education schools, facilities and programs, community colleges, colleges of technology and colleges of agriculture and technology, and other four-year campuses which prepare vocational tech teachers come under the guidelines.

New York State Laws, Executive Orders and Regulations

Executive Order No. 17 (Governor Cuomo, 1983)

Directs that State officials and employees shall not sponsor, organize, attend or participate in any meeting or other activity, the purpose of which is related to State business, in any private establishment or facility which does not afford full membership rights and privileges to any person because of age, race, creed, color, national origin, sex, disability or marital status.

Sexual Orientation Non-Discrimination Act (SONDA) - 2003

This Act amends the Executive Law to include sexual orientation as a protected class in the areas of employment, housing, public accommodation, education and credit.  Sexual Orientation is defined as "heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived."

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Medical Leave

Federal Laws, Executive Orders and Regulations

The Family and Medical Leave Act of 1993

Requires employers to provide up to 12 weeks of unpaid leave for employees for childbirth, adoption, recovery from a serious illness, or for the care of a seriously ill family member. Employees would be entitled to the same or an equivalent position upon returning from leave and to the continuation of health benefits during leave.

New York State Laws, Executive Orders and Regulations

New York State Policy on Leaves for Pregnancy, Childbirth and Child Care

Delineates the State's policy for such leave requests by State employees of either sex.

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Religion

Federal Laws, Executive Orders and Regulations

Religious Freedom Restoration Act of 1993

Requires federal, state and local governments to demonstrate a compelling interest before burdening an individual's exercise of religion.

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