Employer Law

American's with Disability Act
Under the equal employment provisions of the ADA (Title I), it is unlawful for an employer to discriminate against a qualified individual with a disability. Like most discrimination statutes, the prohibition applies to conduct involving applicants and employees in the terms, privileges and conditions of employment.
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Age Discrimination in Employment Act
The ADEA is the primary federal statute that prohibits employers from discriminating against employees in terms, privileges and conditions of employment on the basis of age. The law also applies to employment agencies and labor organizations. To be covered by the ADEA, an individual must be 40 years old or older (there is no cap on an employee's age to be covered by the ADEA).
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Consolidated Omnibus Reconciliation Act (COBRA)
The Consolidated Omnibus Budget Reconciliation Act of 1985, amended the Employee Retirement Income Security Act, and requires that an employer who sponsors a group health plan to give the plan's "qualified beneficiaries" the opportunity to elect "continuation coverage" under the plan when the beneficiaries might otherwise lose coverage upon the occurrence of certain "qualifying events," including:
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Employee Retirement Income Security Act (ERISA)
ERISA covers most private sector, voluntarily established employee benefit plans, which ERISA divides into "pension plans" and "welfare plans". Pension plans provide retirement income or are intended to defer income until termination of covered employment or beyond. Welfare plans provide health benefits, disability benefits, death benefits, prepaid legal services, vacation benefits, day care centers, scholarship funds, apprenticeship and training benefits, or other similar benefits.
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Executive Order 11246
Executive Order 11246 protects employees of covered Federal contractors and subcontractors from employment discrimination because of race, color, religion, sex and national origin. The Executive Order also requires that certain employers take affirmative action to ensure that all qualified applicants and employees receive equal employment opportunity. E.O. 11246 and its regulations are administered and enforced by the Employment Standards Administration?s Office of Federal Contract Compliance Programs (OFCCP).
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Fair Labor Standards Act
The Fair Labor Standards Act establishes minimum wage, overtime pay, record-keeping and child labor standards for nearly all workers in the private sector and in federal, state and local governments.
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Family and Medical Leave Act
The FMLA provides covered employees with entitlement to up to 12 weeks of job-protected, unpaid leave during any 12 months for the following reasons:
" Birth and care of the employee's child or placement for adoption or foster care of a child with the employee;
" To care for an immediate family member (spouse, child, parent) who has a serious health condition; or
" For the employee's own serious health condition.
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Occupational Safety and Health Act
The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor and encouraged employers and employees to reduce workplace hazards and to implement safety and health programs.
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503 and 504 of the Rehabilitation Act of 1973
Section 503 of the Rehabilitation Act of 1973, as amended, which is administered and enforced by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP), includes most employers doing business with the Federal Government to take affirmative action to employ and advance in employment qualified individuals with a disability.
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Civil Rights Act of 1866 (1981)
Section 1981(a), which was originally enacted as the first section of the Civil Rights Act of 1866, provides that:
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to the like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
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Civil Rights Act of 1871 (1983)
Title VII of the Civil Rights Act of 1964, 42 USC 2000e, makes it unlawful for an employer to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of an individual's race, color, religion, sex or national origin. This covers hiring, firing, promotions and all workplace conduct.
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Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964, 42 USC 2000e, makes it unlawful for an employer to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of an individual's race, color, religion, sex or national origin. This covers hiring, firing, promotions and all workplace conduct.
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Worker Adjustment & Retaining Notification Act
WARN became effective in February 1989 and requires that covered employers provide notification 60 calendar days in advance of plant closings and mass layoffs. WARN also requires notice to State dislocated worker units so that dislocated worker assistance can be promptly provided.

WARN notices must be provided to either affected workers or their representatives (e.g., a labor union). Employees entitled to notice under WARN include hourly and salaried workers, as well as managerial and supervisory employees.
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