56 Human Resources Management for Public and Nonprofi t Organizations
development, compensation and benefi ts, and performance evaluation to
labor - management relations. Public employees enjoy constitutional protec-
tions that are not available to nonprofi t or private for - profi t employees.
This chapter explains the federal legal environment that governs equal
employment opportunity, the constitutional rights relevant to public sector
employees, and employment at will. Administrators must understand the
laws that are important to HRM. These laws are designed to eradicate
discrimination in the workplace for non - job - related or non - performance -
related reasons. However, many employers do not understand the laws,
misapply them, or choose to ignore them. Employers must consider these
laws when developing employment policies and practices.Federal Equal Employment Opportunity Laws
This section explains the federal laws governing equal employment oppor-
tunity. It is recommended, however, that you check with your state and local
governments ’ fair employment practice agencies for additional laws and
regulations that may have an impact on the equal employment opportunity
practices of your agency.Civil Rights Acts of 1866 and 1871
The Civil Rights Act of 1866, based on the Thirteenth Amendment to the
U.S. Constitution, prohibits racial discrimination in the making and
enforcement of contracts, which includes hiring and promotion decisions.
Nonprofi t and private employers, unions, and employment agencies fall
under its coverage.
The Civil Rights Act of 1871 covers state and local governments.
Based on the Fourteenth Amendment, it prohibits the deprivation of equal
employment rights under state laws. It does not apply to private businesses
or federal agencies unless there is state involvement in the employment
practices in question.Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964, signed by President Lyndon Johnson,
covers all employers with fi fteen or more employees except private clubs,
religious organizations, and places of employment connected to an Indian
reservation.