Employers are subject to regulations and laws not only at the state and local level, but at the federal level as well. Employers normally need to have a certain number of employees in order to be subjected to federal employment laws. The list below is not meant to be exhaustive. Employers should consult experienced employment law attorneys to ensure they are in compliance with all applicable laws.
Title VII prohibits employers from discriminating against employees on the basis of race, color, national origin, religion and gender in all aspects of employment from recruitment through termination. In order to comply with Title VII, an employer must make employment decisions on the basis of business necessity, rather than based upon a particular individual's membership in a protected class. There is a rarely used exception to Title VII that allows employers to require an employee to possess a certain characteristic that would otherwise violate Title VII in situations where the characteristic is a bona fide occupational qualification. Title VII applies to employers with 15 or more employees.
The ADA protects those individuals who have a long-term physical or mental impairment that substantially limits one or more life activities, who have a history of having such impairments or who are regarded by others as having such impairment from employment discrimination based on their disability. Employers are required by the Act to provide qualified individuals with reasonable accommodations so long as the accommodations do not create an undue hardship for the employer. This generally includes accommodations that are too expensive or difficult for the employer to provide. The ADA applies to employers with 15 or more employees.
The ADEA is designed to protect individuals over the age of 40 from discrimination based on their age in employment decisions, such as hiring, promotion and termination. The ADEA does not prohibit an employer from following a bona fide seniority system that may have the unintended effect of favoring certain employees. Like Title VII, the ADEA does allow age to be a consideration in employment decisions in the rare circumstances where it is a bona fide occupational qualification. The ADEA applies to employers with 20 or more employees.
Under the FMLA, employers must provide their employees with 12 weeks of unpaid leave per year for certain family and medical reasons, including the birth or adoption of a child, to attend to the serious health condition of an immediate family member or to attend to their own serious health condition. Employers may require employees to provide medical certification of the serious health condition to ensure it meets the requirements of the Act. The FMLA also requires employers to reinstate employees to the same job or an equivalent job if the original position is no longer available after using FMLA leave. The FMLA applies to employers with 50 or more employees.
The FLSA requires employers to comply with minimum-wage, overtime and child labor standards. Employees must be qualified to receive protections under the Act, and in some instances, must be considered nonexempt. In order for employees to be qualified under the Act, they must be engaged in employment for a covered enterprise that is involved in producing, handling, selling or otherwise working on goods that will part of interstate commerce. Employees who do not meet the requirements for enterprise coverage still may be covered under the FLSA if they meet the definition of individual coverage. Individual coverage includes those whose work regularly involves them in interstate commerce
The Equal Pay Act requires employers to pay male and female employees the same wage for work that requires equal skill, effort and responsibility under similar working conditions. In short, the Act mandates "equal pay for equal work." Employers are permitted to pay different wages for permissible reasons, such as seniority and merit. Employers who are required to comply with the Fair Labor Standards Act (FLSA) are also required to comply with the Equal Pay Act.
ERISA mandates the duties and legal obligations of employers who offer certain employee benefits, such as health insurance, pensions, retirement accounts, disability and death benefits. The Act, however, does not require employers to offer these benefits to employees. Instead, it requires employers to provide the benefits they promised their employees and sets standards concerning the administration of these benefits and how employers invest funds in these plans. Often, employers rely on plan administrators to meet ERISA's reporting and disclosure requirements.
COBRA requires employers to provide the option of continuing coverage under the employer's group health plan to enrolled employees and their dependents at the occurrence of certain qualifying events. These events include termination, reduction in work hours, death, divorce or legal separation, Medicare eligibility or dependents losing status. Employees are required to pay the entire cost of the insurance, including the employer's portion. COBRA applies only to employers with 20 or more employees.
USERRA requires employers to reemploy employees who voluntarily or involuntarily must leave employment for duty in the uniformed services. The Act also prohibits employers from discriminating against job applicants and employees based on their current, past or future military service. Employees must meet certain notice and reapplication deadlines in order to qualify for reemployment rights.
The PDA prohibits employers from discriminating against employees based on pregnancy, childbirth or related medical conditions. Thus, employers may not refuse to hire someone because she is pregnant so long as she is able to perform the essential functions of the job. In the event that a pregnant employee becomes unable to perform the essential functions of her job, employers are required under the PDA to treat the employee as if she were temporarily disabled. Employers with 15 or more employees are covered by the PDA.
Employers should note that state employment and anti-discrimination laws vary greatly. They may apply to different groups of employers and provide protections that are greater in scope than the federal standards. Given the wide variation in state employment and anti-discrimination laws, it is important that you understand the laws of your particular state. Employers should speak with an experienced attorney to learn more about their legal obligations.
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Dale A. Bernard is licensed to practice law only in the state of Ohio and is also admitted to practice law in the state and federal courts located therein and the federal Sixth Circuit Court of Appeals. From time to time he is also admitted to practice law in courts located in other states for a particular case on a case by case, pro hac vice, basis.
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