That Govern Employment Practices
The Civil Rights Act of 1866
This law provides that all persons within the United States will
have the same right to make and enforce contracts free of racial
discrimination, including employment contracts.
Civil Rights Act of 1870
Section 1981 of the 1870 law prohibits racial discrimination in
all aspects of contractual relationships, including written and
unwritten employment contracts.
Labor Standards Act (FLSA) of 1938
The FLSA requires employers to pay employees (a) at a rate equal
to the minimum hourly wage for their first 40 hours of work per
week, and (b) at a rate of one and one-half times of their regular
rate for hours worked in excess of 40 hours in a work week.
Employees are exempt from FLSA provisions, and thus ineligible for
overtime pay, when these requirements are met:
The employee qualifies as either executive, administrative, professional,
highly skilled in a computer software-related occupation, or works
in certain types of outside sales.
The employee's compensation is quoted on a salary or fee basis.
That means they receive a full week's pay for a week in which
they perform any work, regardless of the number of days or hours
The employee meets certain minimum earnings requirements (for
example, not less than $455/week).
U.S. Supreme Court has ruled that FLSA exemptions are likely to
be applied only to employees and establishments that "plainly
and unmistakably" meet "the letter and the spirit"
of the law. Since numerous "tests" and restrictions apply
to each type of exemption, you should be extremely careful when
denying an employee overtime.
The FLSA generally does not regulate employer practices with respect
to vacations, severance or sick pay, rest periods, holidays, weekend
or shift premiums, pay raises or fringe benefits.
Equal Pay Act of 1963
This Act, which is part of the Fair Labor Standards Act, make it
unlawful to pay workers of one sex at a rate different from that
paid to the other sex for the same work.
VII of the Civil Rights Act of 1964
Title VII prohibits discrimination in any aspect of employment,
including job advertising and pre-job testing, on the basis of race,
color, religion, sex, or national origin. In 1978, the Pregnancy
Discrimination Act amended Title VII to prohibit bias on the basis
Age Discrimination in Employment Act of 1967
This statute prohibits employment discrimination against individuals
aged 40 or older. It applies to employers of 20 or more workers,
labor unions, and employment agencies.
Order 11246 (1965), as amended in 1967
This prohibits job discrimination by all federal contractors or
subcontractors with contracts in excess of $10,000 per year on the
basis of race, color, religion, sex or national origin and requires
covered contractors to practice affirmative action. Covered contractors
having more than 50 employees and receiving contracts in excess
of $50,000 per year must develop a written affirmative action plan.
Civil Rights Act of 1971 (42 U.S.C. Section 1983)
The 1971 law prohibits employment discrimination committed by persons
acting "under color of" state and local laws. It applies
to race, color, gender, religious, or national origin discrimination.
IX of the Education Amendments of 1972
This prohibits sex discrimination by all educational programs receiving
federal financial assistance.
Rehabilitation Act of 1973
Section 503 of the law prohibits discrimination against disabled
persons by federal contractors. These employers are required to
take affirmative action in hiring qualified individuals with disabilities.
Section 504 of the Act prohibits discrimination against qualified
individuals with disabilities by institutions or programs that receive
Vietnam-Era Veterans' Readjustment Assistance Act of 1974
This law requires affirmative action by government contractors and
subcontractors to employ and advance in employment qualified veterans
of the Vietnam-era and disabled veterans. Obligates employers to
rehire these qualified individuals other than temporary employees
who leave work for military service and who apply for reinstatement
within the set time limits.
Retirement Income Security Act (ERISA) of 1974
This statute requires a pension program for most employers of greater
than 20 employees. In addition, requires an employer to communicate
terms of all benefit plans to all employees.
Immigration Reform and Control Act of 1986
This statute prohibits employers of four or more workers from discriminating
on the basis of citizenship status or national origin. The Act's
anti-discrimination provisions do not apply to illegal aliens and
exemptions where citizenship is required by law.
Americans with Disbilities Act of 1990
This statute prohibits employment discrimination against qualified
individuals with disabilities in employment, public services and
transportation, public accommodations and telecommunication services.
Employers are required to consider making reasonable accommodations
to a qualified individual with a disability by making existing facilities
readily accessible and usable and restructuring the job, modifying
work schedule, permitting part-time work, reassigning of the employee
to a vacant position, acquiring or modifying equipment, unless the
proposed accommodation would present an "undue hardship"
for the employer.
Workers Benefit Protection Act of 1990
This statute amends the age discrimination act to prohibit employers
from reducing benefits because of an employee's age.
Rights Act of 1991
This statute allows for compensatory and punitive damages, previously
available only to racial and ethnic minorities, to be sought by
victims of intentional discrimination based on sex, religion or
Credit Reporting Act
statute restricts the ability of an employer to gain access to personal
information without consent from a job applicant or employee. It
requires notice and consent to obtain consumer reports and investigative
consumer reports/ The first includes information sought through
a consumer reporting agency related to a person's credit standing
or capacity, character, reputation, personal characteristics and
mode of living. Investigative consumer reports contain information
gathered in investigations of an employee, typically for alleged
wrongdoing, using interviews of persons who may have knowledge about
an employee. The employer must notify the applicant or employee
that it will seek the information, obtain consent and give sufficient
time to correct the information before it takes adverse employment