Employment Law Employment – at – will
1 Employment-at-will is not a law; it is a doctrine based on common
law. Either the employee or the employer may terminate the
employment relationship at any time and for any reason – a good
reason, a bad reason or no reason at all. There are exceptions.
Age Discrimination in Employment Prohibits discrimination in employment for persons age 40 and
Act of 1967 (ADEA)
over except where age is a bona fide occupational qualification
Americans with Disabilities Act of Prohibits discrimination against a qualified individual with a
1990 (ADA)
disability because of the disability of such individual; protects
2009 ADAAA
qualified individuals with disabilities from unlawful discrimination
in the workplace, including access to training and career
development. ADAAA expanded the definition of disability and
the two non-exhaustive lists of “major life activities”.
Rehabilitation Act of 1973
Prohibits discrimination based on physical or mental disabilities;
requires employers to make reasonable accommodation for the
physical or mental disability unless there is undue hardship; applies
only to the federal government or federal contractors with contracts
over $10,000.
Consumer Credit Protection Act
Protects employees from discharge by their employers because
(CCPA)
their wages have been garnished for any one debt, and it limits the
amount of an employee's earnings that may be garnished in any one
week.
Employee Polygraph Protection Act Prohibits most private employers from using polygraph tests, either
(EPPA)
for preemployment screening or during the course of employment.
Title VII of Civil Rights Act (1964) Title VII prohibits discrimination based on race, color, religion,
sex, or national origin.
Civil Rights Act of 1991
In cases of intentional employment discrimination, allows for
monetary damages.
Equal Pay Act of 1963 (EPA)
Protects men and women who perform substantially equal work in
the same establishment from sex-based wage discrimination.
Fair Credit Reporting Act
Promotes the accuracy, fairness, and privacy of information in the
files of consumer reporting agencies. Applies to employers who
order consumer reports from a consumer reporting agency (third
party background checks). Applicant must be notified, in writing,
of intent to obtain report and we must get their written permission
before requesting one.
Fair Labor Standards Act (FLSA)
Establishes minimum wage, overtime, and record keeping
standards for employees who are not exempt from its provisions.
Also covers child labor. In 2010 added requirement for nonexempt nursing mothers; private room with breaks to accommodate
nursing or expressing milk for infant.
Family Medical Leave Act (FMLA) Provides an entitlement of up to 12 weeks of job-protected, unpaid
leave during any 12-month period.
National Defense Authorization Act Provides additional FMLA leave for military families. Specifically,
the bill adds two new FMLA-qualifying events, expanding FMLA
to include employees caring for an injured service member (26
weeks of leave) as well as family members who have a family
member called to active duty.
Employment Law GINA – Title II 2009
Immigration Reform and Control
Act (IRCA) of 1986
Lilly Ledbetter Fair Pay Act 2009
Pregnancy Discrimination Act of
1978 (PDA)
Uniformed Services Employment
and Reemployment Rights Act of
1991 (USERRA)
Worker Adjustment and Retraining
Notification Act (WARN)
2 Title II prohibits discrimination against employees or applicants
because of genetic information; prohibits the use of genetic
information in making employment decisions, restricts acquisition
of genetic information by employers and other entities covered by
Title II, and strictly limits the disclosure of genetic information.
Requires completion of the I9 (Employment Eligibility Verification
Form) to verify that every employee hired after 11/06/1986 is
authorized to be employed in the United States.
Reset the statute of limitations to occur each time an employee
receives a paycheck.
Protects pregnant women from employment discrimination and
requires employers to be non-discriminatory in providing employee
benefits such as: Health insurance, sick leave, pensions, and
vacation time.
The pre-service employer must reemploy service members
returning from a period of service in the uniformed services if those
service members meet five criteria.
Requires some employers to give a minimum of 60 day’s notice if a
plant is to close or if mass layoffs will occur