Surey Rios Section Three: Faculty/Staff Rights

Education is a people-intensive, civil endeavor where both the inputs and outputs are
human San Antonio v. Rodriguez !"#$%& serves as a reminder that education is not an e'plicit
constitutional right (onetheless, Tinker v. Des Moines !"#)#& points out that neither students
nor teachers *leave their constitutional rights at the schoolhouse gate+ Since education is people
dependent, school governments need to consider and protect people,s substantive and procedural
rights There have been over "-. years of federal government legislation and a myriad of
policies meant to protect wor/ers and establish a fairer wor/place environment 0gnorance of the
following regulations can lead to E1ual Employment 2pportunity 3ommission !EE23&
noncompliance and lawsuits
The Civil Rights Act of 1871 (42 U.S.C. 1983) 4 allows people to sue for damages
against the government if the can prove that the government deprived them of their
constitutional rights
Eq!l "!# Act of 19$3 (29 U.S.C. 2%$) 4 established the Fair 5abor Standards 6ct that
enforced governments to give e1ual pay to both men and women doing similar wor/
Civil Rights Act of 19$4 (42 U.S.C. 2%%%) 4 states that employment practices of any
federally funded education program must be free of discrimination on the basis of race,
color, religion, gender, or national origin 0ncluded in the 3ivil Rights act was the e1ual
treatment of women from pregnancy through childbirth 6mended "#)7, this 6ct
established affirmative action practices for government contractors and created the
EE23
Age &isc'i(i)!tio) E(*lo#(e)t Act (A&EA) of 19$7 4 outlawed age discrimination
for people over -. and eliminated mandatory retirement 6s a result, it is illegal to hire
only beginning teachers
Surey Rios Section Three: Faculty/Staff Rights
Eq!l E(*lo#(e)t +**o't)it# Act of 1972 (Title ,--. 24 U.S.C. 2%%%e) 4 gave
more power to the EE23 to enforce the law and included all public employers and
private employers with "7 or more employees 6dditionally, the 8regnancy
9iscrimination 6ct !"#$#& prohibited discrimination based on pregnancy
Title -/ of the 1972 E0c!tio) A(e)0(e)ts &isc'i(i)!tio) 1!se0 o) Se2 (2% U.S.C.
1$81) 4 states that an employer cannot e'clude or deny participation to anyone on the
basis of gender in any program that receives federal financial assistance
3!(il# !)0 4e0ic!l 5e!ve Act of 1993 4 allows eligible employees ": wor/ wee/s of
leave for the birth, adoption, or foster care of a child, care of a spouse, parent, or because
a serious health condition ma/es the employee unfit to wor/
&'g63'ee 7o'8*l!ce of 1989 9 re1uires school districts to be drug-free wor/
environments Employers can offer rehabilitation services or can fire employees for drug
abuse offenses
A(e'ic!)s :ith &is!;ilities Act f 199% (A&A) 4 Section 7.- protects individuals with
disabilities against discrimination from employers and from public services Employers
cannot discriminate against individuals with disabilities in hiring, promoting, terminating,
compensating, or training 0t re1uires facilities to be 696 compliant to allow for e1ual
access
-((ig'!tio) Refo'( !)0 Co)t'ol Act of 198$ 4 ma/es it unlawful to /nowingly hire
or to continue to employ non-documented individuals