DAA(LEGAL) - EMPLOYMENT OBJECTIVES: EQUAL EMPLOYMENT OPPORTUNITY

Sovereign Immunity from Suits in Federal Court

Nondiscrimination—In General

  1. Race, color, or national origin;
  2. Sex;
  3. Religion;
  4. Age (applies to individuals who are 40 years of age or older);
  5. Disability; or
  6. Genetic information [see DAB].

42 U.S.C. 1981; 42 U.S.C. 2000e et seq. (Title VII); 20 U.S.C. 1681 et seq. (Title IX); 42 U.S.C. 12111 et seq. (Americans with Disabilities Act); 29 U.S.C. 621 et seq. (Age Discrimination in Employment Act); 29 U.S.C. 793, 794 (Rehabilitation Act); 42 U.S.C. 2000ff et seq. (Genetic Information Nondiscrimination Act); U.S. Const. Amend. I; Human Resources Code 121.003(f); Labor Code Ch. 21 (Texas Commission on Human Rights Act); Labor Code Ch. 21, Subchapter H (genetic information)

Disparate Treatment

Disparate Impact

Bankruptcy Discrimination

Job Qualification

Employment Postings

Harassment of Employees

Retaliation

Notices

Section 504 Notice

  1. That the ESC does not discriminate in employment in its programs and activities; and
  2. The identity of the ESC's Section 504 coordinator.
  1. Posting of notices;
  2. Publication in newspapers and magazines;
  3. Placing notices in ESC publications; and
  4. Distributing memoranda or other written communications.

34 C.F.R. 104.8

Age Discrimination

Sex Discrimination

Gender Stereotypes

Pregnancy

Equal Pay

Religious Discrimination

Disability Discrimination

Discrimination Based on Lack of Disability

Definition of "Disability"

  1. An actual disability—physical or mental impairment [see definition, below]—that substantially limits one or more of an individual's major life activities;
  2. A record of having such an impairment; or
  3. Being regarded as having such an impairment.

"Regarded as Having an Impairment"

Transitory and Minor

Mitigating Measures

42 U.S.C. 12102(1), (3), (4); 29 C.F.R. 1630.2(g), (j)(1); Labor Code 21.002; .0021

Other Definitions

"Physical or Mental Impairment"

  1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
  2. Any mental or psychological disorder, such as an intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, and specific learning disabilities.

29 C.F.R 1630.2(h)

"Major Life Activities"

42 U.S.C. 12102(2); 29 C.F.R 1630.2(i); Labor Code 21.002

"Qualified Individual"

  1. Satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires; and
  2. With or without reasonable accommodation, can perform the essential functions of such position. Consideration shall be given to the ESC's judgment as to what functions of a job are essential. A written job description prepared before advertising or interviewing applicants for the job is evidence of the job's essential functions.

42 U.S.C. 12111(8); 29 C.F.R 1630.2(m)

Reasonable Accommodation

  1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
  2. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

42 U.S.C. 12111(9); 29 C.F.R. 1630.2(o); 34 C.F.R. 104.12(b)

Discrimination Based on Relationship

Illegal Drugs and Alcohol

Drug Testing

Alcohol Use

"Undue Hardship"

Qualification Standards

Direct Threat to Health or Safety

Vision Standards and Tests

Communicable Diseases

Service Animals

28 C.F.R. 35.140

Military Service

Grievance Policies

Section 504

Americans with Disabilities Act

Title IX

Compliance Coordinator

Region III Education Service Center

DAA(LEGAL)-ESCA

UPDATE 18

DATE ISSUED: 7/30/2013