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