REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW: DISCRIMINATION
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
Title VII (and amendments). Title VII of the Civil Rights Act of 1964 prohibits discrimination in all terms and conditions of employment. Also prohibits discrimination based on pregnancy, childbirth and related conditions; sexual harassment and harassment based on other protected characteristics; and discrimination in compensation based on sex. It prohibits both intentional and unintentional discrimination by all public employers and private employers with 15 or more employees.
AGE
ADEA/OWBPA. The Age Discrimination in Employment Act prohibits discrimination against employees 40 years of age and older in all terms and conditions of employment. The Older Workers Benefits Protection Act prohibits discrimination on the basis of age in employee benefits plans, and requires that waivers of potential wage discrimination claims be “knowing and voluntary.” Both Acts cover public and private employers with 20 or more employees.
GENETIC INFORMATION
GINA. The Genetic Information Nondiscrimination Act prohibits discrimination in employment on the basis of the genetic information of an employee, applicant or family member by all public employers and private employers with 15 or more employees.
DISABILITY
ADA (and amendments). The Americans with Disabilities Act prohibits discrimination in employment based on any actual or perceived physical or mental impairment which substantially limits a major life activity. It also requires employers to provide reasonable accommodations to otherwise qualified employees to assist them with their ability to perform their jobs, provided it does not impose an undue hardship on the employer. Act covers all employers with 15 or more employees.
CITIZENSHIP
IRCA The Immigration Control and Reform Act prohibits discrimination against job applicants on the basis of national origin and citizenship
MILITARY STATUS
USERRA The Uniformed Services Employment and Reemployment Rights Act prohibits discrimination based on present or former membership in a uniformed service, application to serve in a uniformed service or obligation to serve.
STATUS US VIETNAM VETERAN
VEVRAA The Vietnam Era Veterans Readjustment and Assistance Act prohibits discrimination against certain veterans by government employers and federal contractors.
HARRASSMENT
Above laws prohibit harassment based on sex, as well as all other characteristics protected under federal law. In "quid pro quo" sexual harassment, a promise of economic benefit is offered in exchange for sexual favors. "Hostile work environment" discrimination occurs when harassing conduct is so severe and pervasive that it interferes with the victim’s ability to work. Key question: Did a supervisor’s conduct result in a "tangible employment action" against the victim? If no tangible employment action was taken, a defense is available for the employer if it had an effective complaint procedure and the victim unreasonably failed to take advantage of the procedure.
RETALIATION
SOX The Sarbanes-Oxley Act prohibits retaliation by publicly-traded employers against employees who report improper financial activities.
WHISTLE BLOWERS
Above laws prohibit retaliation against employees who complain of discrimination or harassment or participate in a "protected activity," such as filing a complaint with a government agency or acting as a witness at a proceeding.
REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW. This guide provides information about the basic requirements for employers under federal labor and employment laws. Greenwald Doherty’s REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW is for informational purposes only and is not legal advice, or a substitute for legal advice. These materials have been prepared by Greenwald Doherty LLP and should not be reproduced without permission. © 2009 Greenwald Doherty LLP, all rights reserved.