Significant Employment Statutes:
Title VII of Civil Rights Act of 1964 (Title VII): This
statute is a common source of employment litigation. This Federal
statute makes it unlawful for an employer to refuse to hire or
terminate any individual, or otherwise to discriminate against any
individual with respect to his compensation, terms, conditions, or
privileges of employment because of race, color, religion, sex,
including sexual harassment, national origin, and pregnancy,
childbirth, or related medical conditions. These cases are initially
processed by the Equal Employment Opportunity Commission (EEOC). A
charge alleging violation of Title VII must be filed within 300 days of
the alleged act. The right to sue letter is issued after the case is
dismissed by the claimant or the EEOC has made a determination. A
lawsuit must be filed within 90 days after receipt of the notice of
right-to-sue letter from the EEOC.
Equal Pay Act: This
act deals specifically with unlawful differentials in compensation
based on sex. The Equal Pay Act makes it unlawful to pay employees at
rates less than the rate applicable to employees of the opposite sex
for equal work for jobs requiring equal skill, equal effort, equal
responsibility, and where the work is performed in similar working
conditions. The statute of limitations is two years for these type of
claims and can be up to three years if the act is willful. These
allegations may be brought directly to federal court or may be filed
through the
EEOC.
Americans with Disability Act (ADA): The ADA prohibits discrimination on the basis of disability against a
qualified prospective or current employee, defined as an individual
with a disability who, with or without reasonable accommodations can
perform his or her essential duties of the employment position for
which the person desires or holds. Many states also have statutes that
place additional requirements upon employers.
Age Discrimination in Employment Act (ADEA): The ADEA applies to employees who are age 40 or over and makes it
unlawful for an employer to fail or refuse to hire or terminate any
employee or otherwise discriminate against any individual with respect
to his or her compensation, terms, conditions, or privileges of
employment because of their age. ADEA cases are processed through the
EEOC. Many states apply ADEA to all ages prohibiting age discrimination
of any kind.
Fair Labor Standards Act (FLSA): The
FLSA sets the minimum wage and maximum hour/overtime requirements. The
Wage and Hour Division of the Department of Labor manages the
administration of the FLSA.
Family Medical Leave Act (FMLA): The
FMLA offers certain employees with up to 12 weeks of unpaid, job
protected leave a year, and requires health benefits to be maintained
during leave as if the employee continued to work instead of taking the
leave. This statute is the responsibility of the Department of Labor
(DOL).