Employment & Procedures Manual

The comprehensive term "employment" includes practices for recruiting, selecting, assigning, retaining, and separating employees. Each of these activities has been significantly affected by laws and regulations designed to eliminate discrimination on the basis of race, religion, color, gender, age, national origin, or physical or mental disability.

Government Regulations:

Following are some of the laws and executive orders that require compliance by Lee College:

1. Title VII of the Civil Rights Act of 1964, as Amended
   This is the primary federal law with respect to discrimination in employment. It specifically prohibits such discrimination on the basis of race, color, religion, gender, or national origin. The law further prohibits any employment practice which a.) results in a failure or refusal to hire any individual "because of such person's race, color, religion, gender, or national origin", b.) results in discharge of any individual "because of such person's race, color, religion, gender, or national origin, c.) differentiates between individuals with respect to compensation, terms, conditions, or privileges of employment "because of such person's race, color, religion, gender, or national origin, d.) limits, segregates, or classifies employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect such person's employment status because of such person's race, color, religion, gender, or national origin.
2. Pregnancy Discrimination Act
   The Pregnancy Discrimination Act became effective October 13, 1978, amends Title VII of the Civil Rights Act and makes illegal any employment practice or policy that denies equal employment opportunity to applicants or employees because of pregnancy, childbirth, or related medical conditions. It also requires disabilities caused by pregnancy, childbirth, or related medical conditions to be treated in the same manner as are other disabilities under any health or disability insurance or sick leave program.
3. Title IX of the Education Amendments of 1972, as Amended
   This law requires that no person in the United States shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving any federal financial assistance.
4. Equal Pay Act
   This Act was enacted in 1973 as an amendment to the Fair Labor Standards Act. It requires equal pay for males and females who perform equal work on jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions.
5. Executive Orders 11246 and 11375
   These Executive Orders require federal contractors to take Affirmative Action in employment with respect to minorities and females. Affirmative Action under these executive orders requires results oriented steps to eliminate barriers for protected classes through the use of "good faith" numerical goals.
6. Age Discrimination in Employment Act of 1967, As Amended
   This Act makes it unlawful for an employer to fail or refuse to hire, or to discharge, or to differentiate among individuals with respect to their compensation, terms, conditions, or privileges of employment because of age. The protected age range was expanded to age 40 to 70 by the 1978 amendments.
7. The Rehabilitation Act of 1973, Sections 503 and 504
   Section 503 of the Rehabilitation Act requires federal contractors to take Affirmative Action to employ and advance in employment, qualified, handicapped individuals . Section 504 requires that no otherwise qualified handicapped individuals be solely by reason of handicap excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
8. The Americans With Disabilities Act of 1990
   Lee College is required to comply with this Act, effective July 26, 1992. The ADA defines a person with a disability as someone with a physical or mental impairment and includes individuals who have a record or history of an impairment, or are regarded as having a physical or mental impairment that subsequently limits one or more major life activities. Under this Act, Lee College is prohibited from discriminating against a "qualified individual with a disability" in hiring, job application, advancement discharge, compensation, training, or other terms or conditions of employment.
   
   A qualified individual for purposes of the ADA means one who with or without reasonable accommodation is able to perform essential functions of a particular job. A reasonable accommodation includes, but is not limited to, making existing facilities accessible, job restructuring, part-time, or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment of work policies, etc. The burden is on the employer to show that an accommodation would impose an undue hardship on the institution. An offer of employment may not be conditioned on the results of a pre-employment medical examination.
9. Access and Equity 2000 Plan
   Lee College is mandated to comply with the five-year Access and Equity 2000 Plan for Public Higher Education from 1995 through 2000. The Plan's objectives include increased employment of minority faculty and staff.
10. Immigration Reform and Control Act of 1986
    This Act makes it unlawful for employers to knowingly hire illegal aliens and mandates detailed record-keeping procedures for any employees hired, including U. S. Citizens, regardless of the size of the employer or position involved.
11. The Civil Rights Act of 1991
    This Act provides additional remedies and protections, in addition to those previously available under Title VII, to applicants, employees, and former employees who contend they are victims of employment discrimination.