The Civil Rights Act, Pregnancy Discrimination Act, Americans with Disabilities Act, Age
Discrimination Act, and Equal Pay Act are all federal laws that prohibit employment discrimination
based on certain protected characteristics, such as race, sex, disability, age, and pay1234 These laws
also afford certain classes of employees’ privacy protection by limiting inquiries concerning their
personal information that may reveal their protected status or be used for discriminatory purposes.
For example:
The Civil Rights Act of 1964 prohibits employers from making pre-employment inquiries that express
a preference, limitation, or specification based on race, color, religion, sex, or national origin, unless
they are bona fide occupational qualifications.
The Pregnancy Discrimination Act of 1978, which amended the Civil Rights Act of 1964, prohibits
employers from making pre-employment inquiries about whether an applicant is pregnant or
intends to become pregnant, unless they are related to the ability to perform the job.
The Americans with Disabilities Act of 1990 prohibits employers from making pre-employment
inquiries about whether an applicant has a disability or the nature or severity of a disability, unless
they are related to the ability to perform the essential functions of the job with or without
reasonable accommodation.
The Age Discrimination in Employment Act of 1967 prohibits employers from making pre-
employment inquiries about an applicant’s age, unless they are related to a bona fide occupational
qualification or a lawful affirmative action plan.
The Equal Pay Act of 1963 prohibits employers from making pre-employment inquiries about an
applicant’s salary history, unless they are made for a lawful purpose other than determining the
applicant’s pay.
Option A is incorrect because these laws do not require employers not to discriminate against certain
classes when employees use personal information. Rather, they require employers not to
discriminate against certain classes in any aspect of employment, such as hiring, firing, pay,
promotion, training, benefits, etc1234 The use of personal information by employees is not directly
addressed by these laws, although it may be subject to other privacy laws or policies.
Option B is incorrect because these laws do not require that employers provide reasonable
accommodations to certain classes of employees. Rather, only the Americans with Disabilities Act
and the Pregnancy Discrimination Act require employers to provide reasonable accommodations to
qualified individuals with disabilities and workers with limitations related to pregnancy, childbirth, or
related medical conditions, respectively, unless doing so would cause an undue hardship to the
employer. The other laws do not have a similar requirement, although they may prohibit employers
from denying equal opportunities to certain classes of employees.
Option C is correct because these laws afford certain classes of employees’ privacy protection by
limiting inquiries concerning their personal information that may reveal their protected status or be
used for discriminatory purposes, as explained above.
Option D is incorrect because these laws do not permit employers to use or disclose personal
information specifically about employees who are members of certain classes. Rather, these laws
generally prohibit employers from using or disclosing personal information that is protected by these
laws for any unlawful or discriminatory purpose, unless an exception applies. For example,
employers may use or disclose such information for legitimate business reasons, such as complying
with reporting requirements, administering benefits, or conducting investigations.
Reference: 1: Facts About Equal Pay and Compensation Discrimination 2: Pregnancy Discrimination
and Pregnancy-Related Disability Discrimination | U.S. Equal Employment Opportunity
Commission 3: Regulations, Guidance and Policy | Equal Opportunity Guidance | OEEOWE 4: Age
Discrimination | U.S. Equal Employment Opportunity Commission : Pre-Employment Inquiries and
Medical Questions & Examinations | U.S. Equal Employment Opportunity Commission : Employee
Medical Information | U.S. Equal Employment Opportunity Commission : Employee Privacy Rights |
U.S. Department of Labor : Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment
Opportunity Commission : Fact Sheet: Pregnancy Discrimination | U.S. Equal Employment
Opportunity Commission : The Americans with Disabilities Act: A Primer for Small Business : Age
Discrimination in Employment Act of 1967 | U.S. Equal Employment Opportunity Commission : Equal
Pay Act of 1963 | U.S. Equal Employment Opportunity Commission
