LEGAL BASIS

A. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, prohibits discrimination because of race, color, religion, sex or national origin, in any term, condition or privilege of employment.

B. The Equal Employment Opportunity Act of 1972 greatly strengthened the powers and expanded the jurisdiction of the Equal Employment Opportunity Commission (EEOC) in enforcement of a Title VII.  It also covers state and local governments.

C. The Civil Rights Act of 1991 amends Title VII and states that, except as otherwise provided in Title VII, race, color, religion, sex or national origin may not be "motivating factors" for employment practices.

D. The Equal Pay Act of 1963 requires all employers subject to the Fair Labor Standards Act to provide equal pay for men and women performing similar work.

E. The Rehabilitation Act of 1973 (as amended 1992) establishes federal policy to eliminate discrimination against any qualified employee or applicant because of disability.  The policy includes all employment practices such as employment, promotion, demotion, transfer, recruitment, layoff, termination, compensation and training.

F. The American with Disabilities Act of 1990 bars discrimination against qualified disabled individuals in employment, public services, transportation, public accommodations and telecommunications.

G. The Age Discrimination in Employment Act of 1967 (as amended in 1978) prohibits employers of 25 or more persons from discriminating against persons over the age of 40 in any area of employment because of age.

H. New Jersey Law Against Discrimination protects all persons in their civil rights; to prevent and eliminate practices of discrimination against persons on the basis of race, creed, color, national origin, nationality, ancestry, age, sex, affectional or sexual orientation, marital status, atypical cellular or blood traits, disability, liability for service in the armed forces of the United States, or mental and/or physical disability subject only to conditions and limitations applicable alike to all persons.

I. Immigration Reform and Control Act of 1986 bans intentional discrimination on the basis of citizenship or national origin and applies to employers of four or more employees.  These anti-discrimination provisions do not apply to illegal aliens or in limited circumstances when U.S. citizenship is required by law.

J. Family Leave Act - Most employees who have worked at least 1,000 hours during the last 12 months may be eligible to receive an unpaid leave of absence for a period not to exceed 12 weeks in a 24 month period for the birth or adoption of a child or the serious health condition of a family member, subject to certain restrictions.

K. Federal Family and Medical Leave - Most employees who have worked at least a total of 1,250 hours during the last 12 months may be eligible to receive an unpaid leave of absence for a period not to exceed 12 weeks in a 12 month period for the birth/adoption of a child, in order to care for a spouse, son, daughter or parent of the employee who has a serious health condition that makes the employee unable to perform the functions of the position of such employee, subject to certain restrictions.