COURSES : BASIC EMPLOYMENT LAW
LECTURER : STANTON NONA
CREDIT HOURS : 3 CREDIT
SEMESTER/SESSIONS : 4 SEMESTER, 2022/2023 SESSIONS
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Overview of Employment Laws
FEDERAL LAWS
Key federal employment laws that managers and supervisors should know about include the following:
Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits discrimination on the basis of
race, color, religion, sex, or national origin. Age Discrimination in Employment Act of 1967 (ADEA).
The ADEA bans discrimination on the basis of age against persons who are 40 or older. Americans with
Disabilities Act of 1990 (ADA) (as amended by the ADA Amendments Act of 2008). The ADA forbids
discrimination against qualified individuals with disabilities; the law also requires that reasonable
accommodations be made to the known physical or mental limitations of qualified applicants or
employees. The ADA Amendments Act significantly broadened the scope of individuals covered under
the ADA by expanding the understanding of who is a person with disability. The amendments shifted the
focus away from whether an individual is covered under the ADA toward employer compliance with the
law. Equal Pay Act of 1963 (EPA). Paying workers of one sex at a rate different from that paid to the
other sex violates the EPA when jobs involve equal skill, effort, and responsibility and are performed
under similar working conditions in the same establishment. Immigration Reform and Control Act of
1986 (IRCA). IRCA prohibits discrimination on the basis of citizenship against persons who have a legal
right to work in this country. (To comply with IRCA, all US employers must verify the employment
eligibility and identity of all employees hired to work in the US after November 6, 1986, by completing
the Form I-9, Employment Eligibility Verification for all employees, including US citizens. Employers
who hire or continue to employ individuals knowing that they are not authorized to be employed in the
US may face civil and criminal penalties. Human Resources departments usually handle this task.) Family
and Medical Leave Act of 1993 (FMLA). The FMLA guarantees covered employees up to 12 weeks of
job-protected, unpaid leave each year for any one or more of the following reasons: • the birth, adoption
or foster care of a child • the serious health condition of a child, spouse, or parent • the employee's own
serious illness or pregnancy The FMLA also extends the maximum leave to 26 weeks for the spouse,
child, parent or "next of kin" of injured military personnel to care for service members injured in the line
of duty while on duty. Eligible employees are also entitled to up to 12 weeks unpaid leave due to a
"qualifying exigency" arising from the fact that a spouse, child or parent is on active duty or has been
notified of an impending call or return to duty.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA bans
discrimination on the basis of past, current, or future military service. It also provides for military leaves
of absence and reemployment of employees after military leave. National Labor Relations Act (NLRA).
The NLRA gives employees the right to unionize, the right to bargain collectively, and the right to engage
in other activities for their mutual aid and protection. Sarbanes-Oxley Act of 2002 (SOX). SOX, as
amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, gives
whistleblower protection to employees of publicly traded companies (and their subsidiaries) and
nationally recognized statistical rating organizations who provide information to governmental authorities
about conduct they believe to be mail, wire, securities or shareholder fraud. Employees do not have to
prove that actual shareholder fraud occurred before suggesting the need for an investigation. Rather, they
need only demonstrate a reasonable belief that the fraud had occurred. Genetic Information
Nondiscrimination Act of 2008 (GINA). GINA bars discrimination and retaliation on the basis of genetic
information relating to an employee or an employee's family member. Employers may not use genetic
information in making employment decisions under any circumstances. Employers are also prohibited
from acquiring genetic information about employees and their family members, except in specific
circumstances. All genetic information about employees and their family members must be kept
confidential under GINA, including information that an employee voluntarily discloses. Lilly Ledbetter
Fair Pay Act of 2009. Under the Lilly Ledbetter Fair Pay Act, an employee subjected to compensation
discrimination under Title VII, the ADEA or the ADA may file a charge when: • a discriminatory
compensation decision or other discriminatory practice affecting compensation is adopted; • an individual
becomes subject to the decision or practice; or • an individual is affected by the application of a
discriminatory compensation decision or practice, including each time wages, benefits, or other
compensation is paid, resulting in whole or in part from the decision or other practice. This means that the
time period for filing a claim restarts each time an employee receives a paycheck based upon a
discriminatory compensation decision. The Ledbetter Act applies to all compensation discrimination
claims pending on or after that date. STATE LAWS Statutes. Most states have employment laws that
provide the same or similar rights as those provided under the federal statutes discussed above. Some
state employment laws grant specific additional rights. For instance, discrimination on the basis of sexual
orientation or gender identity, political affiliation, marital status, nursing mother status, gun possession or
ownership, height or weight, unemployment status, or off-duty conduct may be prohibited under state
legislation.
Common law. State common law (court-created law) is yet another source of employee rights. Below are
some state common law theories under which an employee may sue a company:
• Infliction of emotional distress—the employee suffered severe emotional distress as a result of abusive
treatment in the workplace.
• Defamation—a false or malicious statement (either written or spoken) was made about the employee
that resulted in damage to the employee's reputation.
• Invasion of privacy—a supervisor publicly disclosed private facts about the employee, such as the
details of a performance appraisal.
• Interference with employment—a supervisor tried to get the employee fired—or to botch his or her
chances of getting or keeping a new job—in order to gain personal revenge or advantage.
• Fraud or negligent misrepresentation—the employee suffered harm as a result of reliance on false
statements made to the employee about job security, performance evaluations, health hazards, or some
other employment matter.
• Negligent employment (hiring or retention)—the employee was injured by a coworker whom the
company knew or should have known could harm others.
• False imprisonment—the employee was detained or restrained against the employee's will.
• Battery—the employee was subjected to harmful or offensive contact.
• Assault—the employee was threatened with harmful or offensive contact.
• Constructive discharge—the employee resigned in response to working conditions that the employee
found intolerable.
• Discharge in violation of public policy—the employee was fired for exercising a legal right, such as
filing a workers' compensation claim; for satisfying a legal obligation, such as serving on a jury or
making a required court appearance; or for reporting or protesting the company's illegal conduct.
• Breach of contract—an explicit written or spoken employment-related promise (such as a formal
agreement to employ the employee for a set number of years) was broken.
• Breach of implied contract—an implicit employment-related promise (such as a supervisor's comments
implying job security for the employee, or a personnel handbook statement implying that specific
disciplinary procedures will be followed before anyone is fired) was broken.
VIOLATIONS ARE COSTLY
Court-ordered penalties. Remedies that courts may order for violations of employment rights include:
• Rehiring of someone who was illegally fired.
• Hiring of an applicant who was illegally refused employment.
• Back pay (payment of wages to an illegally fired employee for the period he or she was out of work).
• Double back pay for willful violations of certain laws.
• Front pay (payment of future wages that would have been earned if an employee had not been illegally
fired).
• Compensatory damages for losses suffered as a result of illegal conduct. Losses that a company may be
ordered to pay for include: Nonmonetary losses (emotional pain, suffering, inconvenience, mental
anguish, loss of enjoyment of life); Future monetary losses (expected losses due to inability to work,
future medical expenses); and Past monetary losses (doctor's bills, money spent in seeking another job).
• Punitive damages to punish severe violations.
• Payment of an employee's attorney and expert witness fees. Other consequences. Violations of the
employment laws can also result in:
• Lost productive time of persons involved in resolving claims of unlawful conduct.
• Low employee morale.
• High employee turnover
. • Harm to the company's reputation and business.
• Government involvement in the company's business practices.
CAN MANAGERS OR SUPERVISORS BE LIABLE?
Personal liability of managers and supervisors under the federal employment laws is a hotly debated
issue that remains unresolved. A number of courts have said only employers can be held liable. But others
have concluded that managers and supervisors can be required in some circumstances to pay for their own
illegal conduct. However, regardless of their liability under the federal laws, managers and supervisors
can be held personally liable when their conduct violates state common law (such as assault, battery,
intentional infliction of emotional distress, wrongful discharge in some instances). Employees can also be
made to pay for their own common law violations.
