A number of laws govern employment practices. What follows
is a brief outline of some pertinent federal laws. State legislatures in the
majority of states have adopted laws that closely reflect the federal statutes,
and that expand protection to employees of smaller businesses. Furthermore,
many states have expanded their laws to protect additional classes of employees
beyond what federal laws protect. It's important to consult an attorney or contact
your state anti-discrimination agency to determine just how both state and
federal laws affect you as a small employer.
Federal Statutes
- Title VII of the Civil Rights Act of 1964 (Title VII)
prohibits discrimination and harassment on the basis of race, color, religion, sex,
and national origin.
- Age Discrimination in Employment Act of 1967 (ADEA)
prohibits age discrimination against individuals who are forty (40) years of age
or older.
- Title I of the Americans with Disabilities Act of 1990 (ADA)
prohibits employment discrimination against qualified individuals with disabilities.
- Equal Pay Act of 1963 (EPA)
prohibits wage discrimination between men and women in substantially equal jobs
within the same establishment.
- Pregnancy Discrimination Act (PDA)
(part of Title VII, as amended) prohibits employment discrimination based upon pregnancy.
- Family and Medical Leave Act of 1990 (FMLA) provides unpaid leave
from work, up to 12 weeks, for childbirth, adoption or foster care, to care for
a family member with a serious health condition, or because the employee has a serious
health condition.
Caveat: State legislatures in the majority of states have adopted
statutes that closely reflect the federal statutes. In fact, many states have not
only expanded the protected classes of employees (i.e. sexual orientation, transgender,
obesity, etc.), but they have also expanded these protections to apply to smaller
employers than the current federal statutes apply. Therefore, smaller businesses
must be aware that even if they are not subject to the above federal statutes they
still may be subject to similar state laws and common laws with similar penalties.
Common Law
- Breach of contract
- failing to perform any term of a contract, written or oral, without a legitimate
legal excuse.
- Wrongful termination
- discharge of an employee without cause.
- Negligent and intentional infliction of emotional distress
- emotional distress brought on by the intentional acts of another.
- Defamation
- untrue statements made about an individual that damages the individual's reputation.
- Invasion of privacy
- intrusion into the personal life of another, without just cause.
- Negligent hiring/supervision
- failure to exercise reasonable care in the hiring or supervising of an employee.
- Misrepresentation - misstating facts to obtain the benefits of
another to which you are not entitled.