Summary of Employment and Anti-Discrimination Laws
Nearly every worker is subject to protection under a number of federal employment and anti-discrimination legislation, while state laws may vary greatly with regard to their application to companies and protections given to employees. As an example, many states include LGBTQ workers to the list of protected people. Following is a primer on significant federal employment and anti-discrimination laws. Given the wide variation in state employment and anti-discrimination legislation, it"s important that you also know the employment laws in your state.
Americans with Disabilities Act protects those people that possess a long-term physical or mental impairment that substantially limits a life activity. A "handicap " under the ADA may include confinement to a wheelchair, vision and hearing problems, dependence on a cane or "walker," certain mental disorders, and disorders of the muscle system.
* Adopt detrimentally different pay scales, benefit programs or promotion chances for a protected individual or group;
* Negotiate and enter into contracts with other companies that would have the effect of discriminating against individuals or groups on the basis of handicap;
* Discriminate against any employee with regard to terms of employment as a family member or friend is protected under the ADA; or
* Discriminate against protected individuals or groups through the use of pre-employment clinical assessments, pre-employment inquiries about physical skills, job descriptions and qualifications, absenteeism, and work security.
Note: The ADA applies only to employers with 15 or more workers.
The ADEA is intended to protect individuals over age forty from discrimination depending upon their age. The Act protects people from discriminatory treatment, according to their age, in hiring, promotion, and firing decisions.
The ADEA doesn"t prohibit an employer from following a bona fide seniority system which may have the unintended impact of favoring certain workers, and the Act does permit age to play an element in the rare situation where it is a bona fide occupational qualification.
Note: The ADEA applies only to companies with 20 or more workers.
COBRprotects workers who have finished their employment(if fired, resigned, or laid off) from losing coverage under a group health plan. The Act requires companies to provide such workers the right to a continuation of policy.
Note: COBRA applies only to employers with 20 or more workers.
Equal Pay Act
The Equal Pay Act requires that companies pay male and female workers the same wage for doing the exact same job. In summary, the Act mandates "equal pay for equal work. " It doesn"t address cover equities with respect to other features, such as religion or race, but applies only to .
Note: Employers who are required to abide by the Fair Labor Standards Act (FLSA) are also required to abide by the Equal Pay Act.
ERISA is a federal law that comprises detailed requirements for specific employers who offer their employees a welfare benefit plan or retirement plan. A good example of a welfare benefit plan is one providing health insurance to workers.
Note: For accountability purposes, employers might have a fairly inactive involvement in ERISA compliance; especially where a "plan administrator" is used to make sure that reporting, disclosure, and payment obligations are complied with.
The Act allows for workers to choose the equivalent of twelve months of unpaid leave annually as a result of birth or adoption of a child, to attend the "serious medical condition" of an immediate relative, or to attend to their own "serious health condition. "
Under the FMLA, a "serious medical condition" is defined as an illness, injury, impairment, or physical or mental condition which involves an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with this care, which also includes:
* A period of incapacity of more than three successive days;
* A period of incapacity that is permanent or long-term Because of a condition for which treatment may be ineffective; or
* Any period of absence to receive multiple treatments from a healthcare provider, including treatment for conditions which aren"t presently incapacitating, but might become if left untreated.
The FMLA also requires that, after the twelve weeks of unpaid leave, the employee be reinstated to the same job (or an equivalent job in the event the initial position is no longer accessible ).
Note: The FMLA applies only to companies with 50 or more workers.
ThFair Labor Standards Act requires companies to abide by minimum-wage requirements. Additionally, the FLSA includes provisions on overtime pay and child labor. Not every employer must comply with the FLSA. Only employers that are engaged in foreign or interstate commerce and whose gross annual sales total or exceed $500,000 are expected to comply with the Act.
Title VII of the Civil Rights Act of 1964
Title VII prohibits employers from discriminating against workers on the grounds of race, color, national origin, religion, or in all aspects of employment -- from recruiting through conclusion.
So as to comply with Title VII, an employer should make employment decisions on the basis of business necessity, rather than based upon a specific individual"s membership in a protected class. However, there"s a rarely (successfully) used exception to complying with Title VII, whenever there is a bona fide occupational qualification which needs an employee to have a particular characteristic.
Note: Title VII applies only to employers with 15 or more workers.
Get Professional Legal Help Filing Your EEOC Claim
Everyone deserves an equal chance at finding, maintaining, and excelling at work, no matter their , race, religious beliefs, or other features that are irrelevant to the real job. If you think you were treated unfairly because of a protected characteristic, you could have a valid discrimination case. Get in contact with a local wrongful termination lawyer today.
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