Section 201 of the Congressional Accountability
Act (CAA) requires that all personnel
actions – such as hiring, discharge, promotion, pay, or
benefits – must be free from discrimination based on race,
color, religion, sex, or national origin. The law forbids discrimination
based on these characteristics even if other factors also motivate
the action.
Proving
motivation depends on the facts of a particular case. For example,
a covered employee must not only prove that he or she was treated
differently from others in similar circumstances, but must also
show that race, color, religion, sex, or national origin was a motivating
factor in that treatment.
The law also forbids certain employment
practices that, while they may appear neutral in practice, in
fact, cause a "disparate impact" on an employee on the
basis of race, color, religion, sex, or national origin. The practice
may be lawful only if the employing office proves that the practice
is job-related for the position in question and is consistent with
business necessity.
Section 201 of the CAA also prohibits sexual
harassment in the workplace and discrimination because of pregnancy
or childbirth. In addition, the law requires that an employing
office must reasonably accommodate an applicant or employee’s
religious observances
and practices so long as doing so will not create an undue hardship
on the conduct of business.
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