Employment Law and Regulations
The core statutes
Title VII (15+ employees) prohibits discrimination based on race, color, religion, sex - including pregnancy and, per Bostock, sexual orientation and gender identity - and national origin. The ADEA protects workers 40 and older (20+ employees). The ADA (15+) requires reasonable accommodation absent undue hardship. The Equal Pay Act covers substantially equal work. GINA bars use of genetic information. IRCA requires work authorization verification on Form I-9. The FMLA (50+ employees within 75 miles) gives eligible employees - 12 months of service and 1,250 hours in the prior year - 12 weeks of unpaid, job-protected leave. The FLSA sets minimum wage, overtime, child labor rules, and the exemption tests: salary basis, salary level, and duties.
Discrimination proof follows McDonnell Douglas: the plaintiff states a prima facie case; the employer offers a legitimate, nondiscriminatory reason; the plaintiff shows pretext. Disparate treatment is intentional; disparate impact is a neutral policy with unequal effect, defensible only by business necessity and a less discriminatory alternative. BFOQ is a narrow defense.
Harassment liability turns on severity and pervasiveness or a tangible employment action. Without a tangible action, the employer may assert the Faragher-Ellerth defense if it exercised reasonable care, maintained a complaint mechanism, and the employee unreasonably failed to use it. Retaliation claims often survive even when the underlying discrimination claim fails.
Worked example
An employee requests leave after surgery. Test FMLA eligibility first (hours, tenure, site count). If ineligible, test ADA accommodation, then state law and company policy. Starting with the wrong statute is the classic error.
Traps
- Confusing ADA (accommodation, no fixed duration) with FMLA (12-week leave entitlement).
- Applying the 50-employee threshold to Title VII (it is 15).
- Assuming a written independent-contractor agreement controls; the economic realities test governs.