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Laws, Executive Orders and Regulations
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CATEGORIES
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Affirmative Action
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Federal Laws, Executive Orders and Regulations
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Revised Order No. 4
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Detailed guidelines for Federal contractors on how to develop a written affirmative action program.
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Revised Order No. 14
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Provides guidance to Federal contractors on how enforcement agencies evaluate written affirmative action compliance
programs and conduct compliance reviews.
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Section 503 of the Rehabilitation Act of 1973
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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.).
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Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1964
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Affirmative action obligations of contractors and subcontractors for disabled veterans and veterans of the Vietnam Era.
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New York State Laws, Executive Orders and Regulations
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Article 15-A (1988)
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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
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Federal Laws, Executive Orders and Regulations
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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. |
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New York State Laws, Executive Orders and Regulations
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Executive Order No. 96 (Governor Cuomo, 1987)
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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
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Federal Laws, Executive Orders and Regulations
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Americans with Disabilities Act (ADA) of 1990
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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.
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Section 504 of the Rehabilitation Act of 1973
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Prohibits discrimination on the basis of physical or mental disability
in every federally assisted program or activity in the country.
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New York State Laws, Executive Orders and Regulations
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Executive Order No. 51 (Governor Cuomo, 1983)
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Establishes the Office of the Advocate for the Disabled.
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Equal Opportunity / Equal
Access
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Federal Laws, Executive Orders and Regulations
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Title IX of the 1972 Education Amendments
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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.
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New York State Laws, Executive Orders and Regulations
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Equal Opportunity for Women (A Position Paper - No. 14, State Education Department)
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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.
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Executive Order No. 6 (Governor Cuomo, 1983)
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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).
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Minority Access To and Participation In Post Secondary Education (A Position
Paper - No. 15, State Education Department)
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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.
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Native American Education (A Position Paper - No. 22, State Education Department)
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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.
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New York State Human Rights Law
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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
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Federal Laws, Executive Orders and Regulations
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Equal Pay Act
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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
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Federal Laws, Executive Orders and Regulations
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Equal Employment Opportunity Commission Guidelines on Sexual Harassment
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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.
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Notice of Investigative Guidance on Racial Incidents and Harassment (Title
VI of the Civil Rights Act of 1964)
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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.
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New York State Laws, Executive Orders and Regulations
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Executive Order No. 19 (Governor Cuomo, 1983)
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Establishes a New York State policy statement condemning sexual harassment
in the workplace.
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Executive Order No. 28 (Governor Cuomo, 1983)
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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.
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Executive Order No. 28.1 (Governor Cuomo, 1987)
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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.
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Executive Order No. 154 (Governor Cuomo, 1992)
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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.
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New York State-wide Policy on Sexual Harassment
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A statement from the Governor's Office of Employee Relations on sexual harassment
applicable to all State entities.
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Non-Discrimination
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Federal Laws, Executive Orders and Regulations
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Civil Rights Act of 1964
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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).
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Civil Rights Act of 1991
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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.
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Civil Rights Restoration Act of 1988
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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.
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Executive Order No. 11246 as Amended
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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.
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Title VI of the Civil Rights Act of 1964
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Prohibits discrimination on the grounds of race, color or national origin
in programs and activities receiving Federal financial assistance.
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Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment
Opportunity Act of 1972
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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.
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U.S. Office for Civil Rights Vocational Education Guidelines(1960)
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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.
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New York State Laws, Executive Orders and Regulations
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Executive Order No. 17 (Governor Cuomo, 1983)
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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.
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Sexual Orientation Non-Discrimination Act (SONDA)
- 2003
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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
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Medical Leave
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Federal Laws, Executive Orders and Regulations
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The Family and Medical Leave Act of 1993
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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.
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New York State Laws, Executive Orders and Regulations
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New York State Policy on Leaves for Pregnancy, Childbirth and Child Care
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Delineates the State's policy for such leave requests by State employees
of either sex.
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Religion
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Federal Laws, Executive Orders and Regulations
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Religious Freedom Restoration Act of 1993
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Requires federal, state and local governments to demonstrate a compelling
interest before burdening an individual's exercise of religion.
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