Affirmative Action Plan of the Massachusetts Trial Court
VIII. Relevant Laws and Regulations

A.	Introduction This section of the Plan provides a brief synopsis of the primary equal employment opportunity statutes, regulations, and executive orders. For more information on these laws, please contact the Affirmative Action Office.
B.	Federal Laws
	1.	Title VII of the Civil Rights Act of 1964 (Title VII) Title VII is the most far-reaching federal law on employment discrimination. Title VII prohibits all discrimination in employment because of race, color, sex, national origin, or religion. Title VII provides for an administrative and judicial enforcement scheme. The Equal Employment Opportunity Commission is the federal agency responsible for investigating an employee's claim of discrimination under Title VII. The federal courts have final responsibility for enforcing Title VII.
	2.	Age Discrimination in Employment Act of 1967 (ADEA) The ADEA prohibits discrimination against applicants or employees who are 40 years and older. A limited exemption applies to bona fide executives and high policy-making employees as they are defined in the ADEA. The ADEA provides for a similar enforcement scheme as Tile VII.
	3.	Equal Pay Act of 1963 The Equal Pay Act prohibits wage discrimination based on sex where the employees in question are performing work requiring equal skill, effort, and responsibility, and which are performed under similar working conditions. The Equal Pay Act also contains four exceptions to the equal pay for equal work requirement. The Equal Employment Opportunity Commission is responsible for administering this law. Unlike Title VII and the ADEA, however, the filing of a charge with the Commission is not a prerequisite to filing suit under the Equal Pay Act.
	4.	Civil Rights Act of 1866 (Section 1981) Section 1981 prohibits discrimination on the basis of race or color in the making and enforcement of employment contracts. Unlike other anti-discrimination statutes, Section 1981 does not cover sex, age, religion, handicap, or other claims of discrimination. Enforcement of Section 1981 is limited to lawsuits.
	5.	Rehabilitation Act Of 1973 This law prohibits discrimination against physically or mentally handicapped persons by federal contractors and requires that such contractors establish a separate affirmative action program to employ, qualified handicapped individuals. Another section of this law prohibits employers receiving federal grants or funding from discriminating against employees because of their handicap. The Department of Labor's Office of Federal Contract Compliance Programs is the designated enforcement agency.
	6.	The Vietnam Era Veterans Readjustment Assistance Act This law prohibits discrimination against disabled veterans and veterans of the Vietnam era. This law requires federal contractors to undertake affirmative action measures on behalf of qualified veterans of the Vietnam era during the first four years after discharge, and qualified disabled veterans throughout their working life. The Department of Labor's Office of Federal Contract Compliance Programs is also responsible for administering this law.
	7.	Immigration Reform and Control Act of 1986 (IRCA) The IRCA requires all employers to verify that all employees hired after November 6, 1986 are legally authorized to work in the United States. The IRCA also prohibits employers of four or more employees from discriminating on the basis of national origin or citizenship. The Department of Justice is responsible for enforcing the IRCA.
	8.	Americans with Disabilities Act of 1990 (ADA) The ADA prohibits handicap discrimination in employment in a broader sense than the Rehabilitation Act of 1973. The ADA becomes effective in July 1992 for employers with 25 or more employees, and in July 1994 for employers with 15 or more employees. The ADA will be enforced by the Equal Employment Opportunity Commission.
	9.	Executive Order 11,246 Executive Order 11,246 prohibits certain federal contractors from discriminating on the basis of race, color, religion, sex or national origin. This order also requires that covered contractors develop a written affirmative action program to employ and encourage the advancement of women and racial minorities. This order is enforced by the Department of Labor's Office of Federal Contract Compliance Programs. This office has issued regulations which, among other things, specify the contents of affirmative action programs, and what federal contractors can expect in a compliance review.
C.	MASSACHUSETTS LAWS
	1.	Massachusetts Fair Employment Practices Law, G.L. c.151B, §4 This law prohibits employment practices that discriminate on the basis of race, color, religious creed, national origin, age, sex, sexual orientation, ancestry, or disability. Under this statute, the prohibition against sex discrimination includes sexual harassment. This statute covers employers with six or more employees. The Massachusetts Commission Against Discrimination is the state agency responsible for enforcing this law.
	2.	Massachusetts Age Discrimination Law, G.L. c.149, §24A Massachusetts also has a separate age discrimination law that covers all private sector employers and prohibits employment practices that discriminate against individuals over the age of 40. This law is enforced by the Department of Labor and Industries.
	3.	Massachusetts Equal Pay Law, G.L. c.149, §105A This law prohibits employers from paying female employees less than male employees for work of like or comparable character or from discriminating in any other way in the payment of wages on the basis of sex, unless such differences are based on seniority. The Department of Labor and Industries is the state agency responsible for administering this law.
	4.	Massachusetts Equal Rights Law, G.L. c.93, §102 This law provides that "[a]ll persons within the Commonwealth, regardless of sex, race, color, creed or national origin, shall have, except as otherwise provided or permitted by law, the same rights enjoyed by white male citizens, to make and enforce contracts . . . " An individual who believes his/her rights under this statute have been violated may sue for "injunctive and other appropriate equitable relief."
	5.	Governor's Code of Fair Practices - Executive Order 227 This order reaffirms that non-discrimination and equal employment opportunity are the policies of the state. The order further directs each Executive Officer serving the Governor and all other state employers to take affirmative steps to ensure equality of opportunity in all programs and activities of the Commonwealth.