The United States has a number of federal employment laws that are designed to protect the rights of employees and ensure fair and equal treatment in the workplace. These laws cover a wide range of issues, including discrimination, wages and hours, and employee benefits and many more areas that govern how organizations should structure themselves to establish best practices that avoid serious legal consequences. Remember, ignorance of the law does not protect you or your organization from wrongful termination or civil suits against operating outside of the scope of federal and state law. While this article will address several of the major U.S. laws that regulate organizational structure and behavior, this is not a comprehensive and inexhaustive list of all the federal and state laws that govern your organization. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in the workplace on the basis of race, color, national origin, sex, and religion. This law applies to employers with 15 or more employees, and covers a wide range of employment practices, including hiring, firing, promotions, pay, and other terms and conditions of employment.
Title VII was a landmark piece of legislation that was passed as part of the Civil Rights Movement and has had a significant impact on reducing discrimination in the workplace. The law prohibits employers from making decisions based on an individual’s protected characteristic and requires employers to provide equal opportunities to all employees. Title VII created the foundation for two sorts of illegal practices: disparate treatment and disparate impact. Disparate treatment occurs when companies treat some candidates or employees differently, for as asking women to take a driving test when applying for a job but not requiring men to take the test when applying for the same job. Practices that have a differential impact on members of protected classes appear fair on the surface but have a negative impact on members of protected classes, such as requiring all teacher candidates be female and softspoken.
Title VII also established the Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing the law and investigating claims of discrimination. Employees who believe that they have been the victim of discrimination can file a charge with the EEOC, which will then investigate and determine whether there is a violation of the law. Employers and HR professionals should have clear and established policies and procedures that identify ways for their employees to file their grievances appropriately and without any fear of retribution or retaliation.
Title VII has been amended multiple times to reflect the following changes:
- Equal Employment Opportunity Act of 1972
- Providing legal authority to EEOC to sue NGOs and private employers when EEO grievances cannot be mutually rectified.
- Requires agencies to have recordkeeping system of unlawful employment practices/grievances and to provide copies to the EEOC when requested.
- Established administrative guidelines on the processing of complaints by notifying employers within 10 days of the charge and the issuance of EEOC findings within 120 days after the charge was filed.
- Pregnancy Discrimination Act of 1978
- Codified that the women could not be discriminated against in the hiring process for reasons related to pregnancy or childbirth.
- Provided protections for pregnant employees that would receive similar benefits/treatment as those using short-term disability benefits.
- Civil Rights Act of 1991
- Further provided adequate protection to workplace victims of discrimination with options for punitive damages.
- Griggs vs. Duke Power Co.
- Supreme Court Ruling on disparate impact
- Defined terms such business necessity and job relatedness when exploring unintentional discrimination and unfair workplace practices.
- Expanded Title VII industry reach to protect members of protected class.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, record-keeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. While this regulation is typically regarded as the magna carta for developing best practices regarding compensation and workplace scheduling issues, FLSA regulations only provide protections to workers who are not protected by another law. An example of this would be noted by the Railway Labor Act’s wage and hour requirements.
The FLSA was first enacted in 1938, and has been amended several times over the years to reflect changes in the economy and the needs of workers. The current federal minimum wage is $7.25 per hour, although some states and localities have established higher minimum wage rates. You can check your state’s current minimum wage requirements Faulkner HR Solutions today and start benefiting from our expertise.