Employment and Anti-Discrimination Laws

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    Americans with Disabilities Act (ADA)

    • The ADA protects people who have a long-term physical or mental impairment that severely limits a life activity. A disability can include being confined to a wheelchair, hearing or vision problems, the need to use a walker, muscular disorders and certain mental illnesses. Under the ADA, employers must provide accommodations for disabled people. In addition, employers may not hire or fire someone based on his disability, pay him differently or give him fewer benefits or promotion opportunities. The ADA only applies to companies with 15 or more employees.

    Fair Labor Standards Act (FLSA)

    • The FLSA requires companies and employers to pay at least minimum wage. The FLSA also has certain provisions governing child labor and overtime pay. Not all companies and employers have to follow the FLSA. Only companies with interstate or foreign commerce and total yearly sales at or above $500,000 have to comply with FLSA regulations.

    Consolidated Omnibus Reconciliation Act of 1985 (COBRA)

    • COBRA only applies to companies or employers with at least 20 employees. COBRA protects employees who are fired, who resign or who are laid off from losing their health insurance under a group health plan. COBRA requires employers to offer these employees the right to continue their insurance coverage.

    Age Discrimination in Employment Act (ADEA)

    • The ADEA protects people over the age of 40 from discrimination based on their ages. This includes discrimination in hiring, promotion and firing. This law only applies to companies with at least 20 employees.

    Employee Retirement Income Security Act (ERISA)

    • ERISA requires companies to offer their employees a retirement benefit plan.

    Equal Pay Act

    • The Equal Pay Act mandates that employers pay male and female employees the same wages for performing the same jobs.

    Title VII of the Civil Rights Act of 1964

    • Title VII prohibits companies from discriminating against employees based on race, color, national origin, religion or gender. This includes recruitment and termination practices. Title VII says that a company must make decisions based on necessity, instead of on an individual's race, color, religion, gender or national origin.

    Family Medical Leave Act (FMLA)

    • The FMLA requires employers to provide their employees with family leave. It allows employees to take the equivalent of 12 weeks of unpaid leave per year. The leave can be due to the birth or adoption of a child or to get treatment for the serious health condition of an immediate family member or the employee themself. A serious health condition can be an illness, impairment, injury, or physical or mental condition that involves an overnight stay in a hospital. The FMLA also requires that the employee go back to the same exact job or an equivalent job.

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