42 U.S.C. § 2000e–3: Other unlawful employment…

Summary

Employers, job agencies, unions, and groups that run apprenticeships or training must not punish or treat worse any worker, job applicant, or union member because they complained about illegal discrimination or because they made a charge, testified, helped, or took part in an investigation, hearing, or other enforcement action. Those same groups must not put job notices or ads that say they prefer, limit, or exclude people because of race, color, religion, sex, or national origin. One narrow exception allows saying a preference for religion, sex, or national origin only when it is truly required for the job.

Title 42, §2000e–3

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

(b)Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception

It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1972—Subsec. (a). Pub. L. 92–261, § 8(c)(1), inserted provision making it an unlawful employment practice for a joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against the specified individuals. Subsec. (b). Pub. L. 92–261, § 8(c)(2), inserted provisions making prohibitions applicable to joint labor-management committees controlling apprenticeship or other training or retraining, including on-the-job training programs, and notices or advertisements of such joint labor-management committees relating to admission to, or employment in, any program established to provide apprenticeship or other training.

§2000e–3 Other Unlawful Employment Practices

Summary

Title 42, §2000e–3

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata