Top Ten Employment Laws All Employers Should Know

Labor & Employment Practice Briefs

1. Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act (“Title VII”) applies to employers with 15 or more employees and prohibits discrimination in employment based on race, color, religion, sex and national origin (each a “protected class”).  Title VII also prohibits harassment based on protected class status and prohibits retaliation against applicants or employees who engage in activities protected by Title VII such as participating in a process to address discrimination or opposing discriminatory behavior.  The Pregnancy Discrimination Act of 1978 amended Title VII to add pregnancy, childbirth or a medical condition related to pregnancy or childbirth to sex as protected class status.  The Equal Employment Opportunity Commission (“EEOC”) is the government agency charged with investigating claims and enforcing Title VII.

2. The Americans with Disabilities Act of 1990. The Americans with Disabilities Act (the “ADA”) applies to employers with 15 or more employees and makes it illegal to discriminate against a qualified person with a disability.  The ADA also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination or participated in an employment discrimination investigation or lawsuit.  The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.  Harassment based upon an individual’s disability is also prohibited by the ADA.  The EEOC is the government agency charged with investigating claims and enforcing the ADA.

3. The Age Discrimination in Employment Act of 1967. The Age Discrimination in Employment Act (the “ADEA”) applies to employers with 20 or more employees and protects people who are 40 or older from discrimination because of their age.  The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination or participated in an employment discrimination investigation or lawsuit.  Harassment based upon an individual’s age is also prohibited by the ADEA.  The EEOC is the government agency charged with investigating claims and enforcing the ADEA.

4. The Genetic Information Nondiscrimination Act of 2008. The Genetic Information Nondiscrimination Act (“GINA”) applies to employers with 15 or more employees and makes it illegal to discriminate against employees or applicants because of genetic information.  Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members (i.e. an individual’s family medical history).  The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.  The EEOC is the government agency charged with investigating claims and enforcing GINA.

5. The Family and Medical Leave Act of 1993. The Family and Medical Leave Act (the “FMLA”) requires employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or the employee’s spouse, child or parent, or for emergencies related to a family member’s active military service, including childcare requirements.  If the active servicemember becomes seriously ill or is injured in the course of his or her duties, coverage may be extended for up to 26 weeks of unpaid leave during a 12-month period.  The Wage and Hour Division of the Department of Labor (“DOL”) administers and enforces the FMLA.

6. The Fair Labor Standards Act of 1938. The Fair Labor Standards Act (the “FLSA”) applies to most employers regardless of size and establishes a minimum wage, requires overtime pay, mandates recordkeeping and sets youth employment standards for employees.  Covered nonexempt workers are currently entitled to a minimum wage of not less than $7.25 per hour and overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek.  The Wage and Hour Division of the DOL administers and enforces the FLSA.

7. The Equal Pay Act of 1963. The Equal Pay Act (“EPA”) makes it illegal to pay different wages to men and women if they perform substantially equal work in the same workplace.  The EPA applies to most all employers and covers all types of compensation, including salary, bonus and bonus potential, stock options, profit sharing and paid vacation and sick leave.  The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.  The Wage and Hour Division of the DOL administers and enforces the EPA.

8. The Uniformed Services Employment and Reemployment Rights Act of 1994. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which applies to virtually all employers regardless of size, guarantees an employee returning from military service or training the right to be reemployed at his or her former job (or as nearly comparable a job as possible) with the same benefits.  Under USERRA, a reemployed employee may not be discharged without cause: (a) For one year after the date of reemployment if the person’s period of military service was for 181 days or more; (b) For 180 days after the date of reemployment if the person’s period of military service was for 31 to 180 days.  Employment discrimination because of past, current or future military obligations is also prohibited.  The Veterans’ Employment and Training Service (VETS) of the DOL has the responsibility for investigating and resolving USERRA complaints.

9. The Employee Polygraph Protection Act of 1988. The Employee Polygraph Protection Act (the “EPPA”) prohibits most private employers from requesting, suggesting or requiring any job applicant to take a pre-employment polygraph examination.  Businesses may request a current employee to take a polygraph examination or suggest to such a person that a polygraph examination be taken, but only if specific conditions have been satisfied.  However, the employer cannot require current employees to take an examination, and if an employee refuses the request or suggestion, the employer cannot discipline or discharge the employee based on the refusal to submit to the examination. The EPPA is administered by the Wage and Hour Division of the DOL.

10. The National Labor Relations Act of 1935. The National Labor Relations Act (the “NLRA”) (also known as the “Wagner Act”) guarantees the rights of private sector employees to organize into trade unions, engage in collective bargaining for better terms and conditions at work and take collective action, including a strike if necessary.  The law also protects the rights of non-union employees to join together to improve their wages and working conditions.  The NLRA also created the National Labor Relations Board (the “NLRB”), which investigates violations of the NLRA and conducts elections that can require employers to engage in collective bargaining with labor unions.