Laws

Companies and management are subject to more federal, state and local employment laws than ever before. Ambiguities in many of these laws allow the widest possible interpretation, which in turn opens the door for more litigation. In addition, most states and local laws are broader than their federal counterparts. Following are a few of the Federal employment discrimination statutes enacted or revised recently:

• Title VII of the Civil Rights Act of 1964 — This is one of the most comprehensive federal anti-discrimination laws. It provides protection and remedies for large numbers of individuals based on race, color, religion, gender (including pregnancy, sexual harassment) and national origin.
  
• The Americans with Disabilities Act (ADA) — Gives civil rights protections to individuals with disabilities. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. It is estimated that more than 43 million Americans qualify for protection under the Americans with Disabilities Act.
  
• The Age Discrimination in Employment Act (ADEA) — prohibits discrimination on the basis of age and applies only to persons over age 40. It applies specifically to employment practices and programs, both in the public and private sectors.
  
• The Equal Pay Act (EPA) — Prohibits the paying of wages based on sex by employers and unions. It provides that equal pay must be paid to workers for equal work if the jobs they perform require "equal skill, effort, and responsibility and are performed under similar working conditions."
  
• The Rehabilitation Act of 1973 — Its purpose is to "promote and expand employment opportunities in the public and private sectors for handicapped individuals," through the elimination of discrimination and affirmative action programs.
  
• The Employee Polygraph Protection Act of 1988 — An employer may not use lie detector tests in connection with employment. Exemptions exist for government and national defense, security reasons, manufacturers of controlled substances, and ongoing investigations as to economic loss to the employer's business. Restrictions apply when operating under an exemption.
  
• The Civil Rights Act of 1991 — amended several federal laws including Title VII of the Civil Rights Act of 1964, the ADA, and section 1981 of the Civil Rights Act of 1866. The 1991 Act permits jury trials in cases of intentional discrimination on the basis of race, color, sex, religion, national origin, or disability. The 1991 Act also allows juries to impose compensatory and punitive damages against an employer, remedies that had not been available under most federal discrimination laws. In addition, if an employee alleges violations of state law, there may be no limits on emotional distress, compensatory damages and punitive damages.

More laws mean more potential lawsuits from of past, present or prospective employees.