Hiring Employees

4/30/2015

1

Employment Legislation

Objectives

• Title VII of Civil Rights Act of 1964

• Immigration Reform and Control Act

• Age Discrimination in Employment Act

• Americans with Disabilities Act

• Litigation

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2

Title VII

• Prohibits discrimination on basis of race, color, religion, sex, or national origin

• Compensatory and punitive damages available

• Disparate treatment, disparate impact, harassment, hostile work environment

Immigration Reform Control Act

• IRCA protects against discrimination based on national origin or US citizenship status

• Directed at employers with 4 or more employees (Title VII covers similar scope with employers having 15 or more employees)

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3

Age Discrimination

• Employer must have at least 20 employees – Some state laws do not have a “minimum number

of employees” requirement

• Protects employment applicants and current employees age 40 and older

• Strict requirements for waivers, even if employer offers severance package

Americans with Disabilities Act

• Definition of disability – Mental/physical impairment that substantially

limits major life activities

– Record of such impairment

– Regarded as having such impairment

• Requires employer to provide reasonable accommodations for disability

• Not required if it would impose an undue hardship on employer

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Litigation

Image from: http://manpowergroupblogs.us/employment_blawg/2012/06/05/does-employment-litigation-favor-employers-or-employees/

Summary

• Legal framework designed to prevent discrimination and harassment in the workplace

• Engaging in discriminatory conduct can lead to costly litigation

• Make sure you and your employees stay current on the laws and regulations in this area