SELECTED FEDERAL ACTS/LAWS AFFECTING HR
| Fair Labor Standards Act | 1938 | objectives to establish a minimum wage , encourage limits on number of weekly hours employees work by establishing overtime provisions, and discouraging child labor. Establishes exempt and non-exempt status of employees. |
| Equal Pay Act | 1963 | Equal pay for men and women performing substantially the same work |
| Title VII, Civil Rights Act of 1964 (amended by EEO Act of 1972) |
1964 | Prohibits discrimination in employment on basis of race, color, religion, sex, or national origin |
| Executive Orders 11246, amended by 11375, and updated by 11478 |
1965 1967 1979 |
Establishes requirement for Affirmative Action plan, requires federal contractors/subcontractors to end discrimination through AA |
| Age Discrimination in Employment Act (amended in 1978 and 1986) | 1967 | No discrimination of people over 40, restricts mandatory retirement requirements except where age is BFOQ, courts determined can eliminate older workers for economic reasons. |
| Occupational Safety and Health Act (OSHA) | 1970 | Establishes a policy for safe and healthful working conditions. Employers must provide a workplace free of recognized hazards. |
| Vocational Rehabilitation Act Rehabilitation Act of 1974 |
1973 1974 |
Employers with federal contracts over $2500 cannot discriminate against individuals with disabilities |
| Vietnam-Era Veterans Readjustment Act | 1978 | Prohibits discrimination against Vietnam-Era veterans by federal contractors and requires affirmative action. |
| Pregnancy Discrimination Act | 1978 | No discrimination against women affected by pregnancy, childbirth, or related medical conditions. Must treat just as though it was any other medical condition--i.e.. a broken leg |
| Uniform Guidelines on Employee Selection Procedures | 1978 | Guidelines provide a framework used to determine is employers follow federal laws on discrimination - affect all of HR. |
| Migrant and Seasonal Ag Workers Protection Act | 1983 | Enacted to protect migrant and seasonal farm workers on matters of pay and working and work-related conditions, to require farm labor contractors to register with the U.S. Department of Labor, and to assure necessary protections for farm workers, agricultural associations, and agricultural employers. |
| Consolidated Omnibus Budget Reconciliation Act (COBRA) (expanded in 1986) | 1985 | Employers with 20 or more employees must offer extended health-care coverage to employees who quit voluntarily or involuntarily, except for "gross misconduct", widowed or divorced spouses and dependent children of former or current employees, retirees and spouses whose health-care coverage ends. |
| Immigration Reform and Control Act |
1986 1990 1996 |
Penalties for employers knowingly hiring illegal aliens, established the I-9 requirement, prohibit discrimination on the basis of national origin OR citizenship. |
| Drug Free Workplace Act | 1988 | Any employer who has government contracts must maintain a drug-free environment for employees. |
| Americans with Disabilities Act | 1990 | Employers must make reasonable accommodations for individuals with disabilities. Interpreted by numerous court cases. |
| Older Workers Benefit Protection Act of 1990 | 1990 | Prohibit age discrimination in early retirement and other benefit plans |
| Civil Rights Act of 1991 | 1991 | Overturned many Supreme Court decisions and changed damage claims provisions. |
| Family and Medical Leave Act | 1993 | Covers employers with 50 or more employees who live within 75 miles of the workplace. Employees must have worked at least 12 months and 1250 hours in the previous year to be eligible. Allowed to take total 12 weeks in a 12 month period for birth, adoption, foster-care placement of child; caring for spouse, child, or parent with a serious health condition; serious health condition of employee. |
| Employee Protection Provisions (Whistleblower) | Prohibit employers from discharging or otherwise discriminating against employees in retaliation for their disclosure to the employer or to the appropriate federal agency of safety and health hazards. This is no one law but a series of provisions in various laws, most of which are tied to environmental acts and which affect only federal employees. | |
| Health Insurance Portability and Accountability Act of 1996 (HIPPA) |
1996 |
Limits the circumstances under which coverage may be excluded for medical conditions present before an employee enrolls in a group plan. HIPPA privacy rule for medical records privacy and security issued in Dec 28, 2000 |