Section V Objectives: “Other Statutes”
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Describe the protections under each of the nine employment statutes
Define whistleblower and the protections for whistleblowers
Identify the rights of an employee when taking a polygraph test
Section V: Other Statutes
In addition to Title VII, the ADEA, and the ADA, there are many other statutes and portions of statutes offer additional
protections to workers.
The Occupational Safety and Health Act (OSHA) of 1970
OSHA protects workers by requiring employers to comply with minimum safety standards. It also protects employees
who report safety hazards or who refuse to expose themselves to serious injury. Should an employee find themselves
in a position in which they wish to report their employer for a violation of OSHA standards, they are protected under
the whistle blower section of the Act. This means that an employee cannot be fired or disciplined for reporting
(blowing the whistle) on their employer for safety violations. Similar protections protect employees who blow-thewhistle on employers for violating the Fair Labor Standards Act or the Civil Rights Act of 1964.
The Employee Polygraph Protection Act of 1988
The Employee Polygraph Protection Act prevents private employers from discriminating against employees who
refuse to take a lie detector test. The Act does not apply to government employers, employers in the area of security
or controlled substances, or in certain investigations of economic loss. The Act provides employees with numerous
protections that limit the areas that may be inquired into by the employer during a polygraph test. Those areas include
things such as sexual or political matters. Should an employee be subjected to a polygraph test, he or she has:
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the right to counsel
the right to a list of the questions before the test is given
the right to cease the administration of the test at any time
the right to a copy of the polygraph test results
The Act also sets forth the qualifications of the polygraph operator.
Other Important Employment Statutes
The Immigration Reform and Control Act makes it illegal for an employer to employ undocumented aliens.
The Family Medial Leave Act of 1993 allows an employee who has been employed for 12 months to take up to 12
weeks of unpaid leave for childbirth, adoption, a serious health condition, or to care for a child, spouse, or parent.
The Equal Pay Act provides that men and women who perform equal work receive equal pay.
The Veterans Reemployment Rights Act grants individuals who have been honorably discharged from the military
or the National Guard the right to be reinstated by their former employer.
The Worker Adjustment and Retraining Notification Act of 1988 mandates that large employers give employees
60 days notice of plant closings or massive lay-offs.
The Consumer Credit and Employment Act prohibits employers from firing an employee if the employee’s wages
are subject to garnishment.
The Bankruptcy Act prohibits employers from discriminating against employees who have filed for bankruptcy
protection.
Section V Questions and Answers
1. What other types of statutes protect workers?
The Occupational Safety and Health Act of 1970, The Fair Labor Standards Act, The Employee Polygraph Protection
Act of 1988, The Immigration Reform and Control Act, The Family Medial Leave Act of 1993, The Equal Pay Act, The
Veterans Reemployment Rights Act, The Worker Adjustment and Retraining Notification Act of 1988, The Consumer
Credit and Employment Act and The Bankruptcy Act.
2. What is a whistleblower and what protections are offered to whistleblowers?
A whistleblower is a person who reports their employer for safety violations. They are protected under the OSHA Act
of 1970 and cannot be fired or disciplined for reporting their employer.
3. What rights does an employee have when subjected to a polygraph test?
Right to counsel; right to a list of the questions before the test is given; right to cease the administration of the test at
any time; right to a copy of the test results.
Section V Activities: “Other Statutes”
OSHA in Action
Many companies have notorious reputations because they allegedly do not comply with OSHA standards when using
foreign employees in their factories overseas. A couple of examples are Disney and Nike.
Visit the following sites to read about these two corporations:
Disney
Nike
Nike sweatshops
Classroom discussion: Discuss US companies’ labor practices in foreign countries. Use the following questions to
get started:
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What rights do foreign employees have, if any, when working for an American company abroad?
What other companies can you think of that have been accused of poor labor practices?
Why do you think US companies move their factories out of the country?
Why do you think these foreign employees stay with these American companies even if they are treated
poorly?
Project Development – Step 5
Complaints should be about complete.
Last-minute details of the project should be finalized:
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Look up the address of the local EEOC where the complaint will be filed. The final complaint should be in an
envelope with this address on it.
Journals should be completed and in good enough shape to hand in.