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Diversity, Equity, and Inclusion: Legal Framework

A guide for resources on diversity, equity and inclusion maintained by the Atla DEI Committee

Introduction and Disclaimer

When making employment decisions, providing accommodations, or creating spaces and programming, libraries should be aware of the legal framework around matters of equality and diversity. This brief primer introduces federal laws only. In some instances, federal laws provide the minimum requirements; state laws may impose additional processes or requirements of which entities should also be aware.

This content is for general information purposes only. Libraries should contact their institution’s general counsel for further guidance on federal and state laws as well as local institutional policies.

Federal Laws

Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA)

Title VII prohibits employment discrimination on the basis of race, color, religion, sex or national origin. The ADEA provides similar protection against employment discrimination for persons who are over the age of 40.

Title IX of the Education Amendments of 1972

Title IX mandates that any education program or activity receiving any form of federal assistance not exclude any person from participation, from receiving benefits, or from being discriminated against on the basis of sex. Title IX also applies to a variety of acts including instances of domestic or dating violence and other forms of abuse or harassment on the basis of sex.

Americans with Disabilities Act (ADA)

Through its four separate titles, the ADA prohibits discrimination against persons with qualified disabilities by requiring that reasonable accommodations be made in the workplace as well as in certain publicly accessed places (even if owned privately) and by telecommunications services. Private and public employers are covered by the ADA; however, only if they have more than 15 employees.

Section 504 of the Rehabilitation Act of 1973

This law prohibits the recipients of federal funding from discriminating against an individual (e.g., current employees, prospective employees, current students, prospective students) because of a disability. Even private institutions are subject to this law if they receive, directly or indirectly, any form of federal financial assistance.

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