The
ABA Section of Labor and Employment Law and the
Section’s Equal Employment Opportunity Committee1 welcome you to the
EEO Basics Program. These program
materials are designed to provide a basic overview of the federal
Equal Employment Opportunity (“
EEO”) laws and to highlight some key
litigation and ethics
issues prevalent in EEO matters. This paper is not intended to be a comprehensive treatise on EEO law. Rather, it is to provide a fundamental understanding of EEO law. Indeed, should the reader desire a more detailed analysis of any EEO topic, the
Section and Committee recommend the following book series that BNA publishes in connection with the Section: Barbara Lindemann Schlei and Paul Grossman,
Employment Discrimination Law Second Edition and Updates.
The
EEO Basics materials present an overview of the applicable federal
statutes relating to equal employment opportunities, including:
Title VII of the Civil Rights Act of 1964 (Race, National Origin, Sex, Religion);
Sections 1981 and 1983 (Race);
the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefits Protection Act (“OWBPA”);
the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973;
the Equal Pay Act of 1963 (“EPA”);
the Family and Medical Leave Act (“FMLA”); and
the Fair Labor Standards Act (“FLSA”).
For each law, there is a discussion of basic information, such as whom the law covers, what conduct is prohibited, what the elements of a
cause of action are; the
relief generally available; the theories of liability; and the key
defenses.
In addition to the various labor and employment
statutes relevant to the EEO practice area, the
materials also include specific sections discussing harassment and retaliation, types of
damages, the agency process, and
litigation practice tips. Finally, the
materials conclude with a discussion of a few ethical pitfalls that an employment law practitioner may encounter in the areas of multiple representation of
parties and
ex parte communications.
We welcome you to this interesting and ever-changing area of the law.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006