EQUAL EMPLOYMENT LAWS

An employer should have a basic understanding of the impact of the following laws and legal theories on hiring practices.

EQUAL PAY ACT:

When making a job offer to a candidate, an employer should be mindful that anti-discrimination prohibitions affect the compensation component of the job. Title VII of the Civil Rights Act of 1964 and the Wisconsin Fair Employment Act prohibit discrimination with respect to compensation. The Equal Pay Act prohibits sex discrimination in the form of unequal pay. Regardless of the law under which a claimant might seek relief, "equal pay" applies to all forms of compensation including fringe benefits, overtime compensation, bonuses, commissions and incentives.

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
AND THE
WISCONSIN FAIR EMPLOYMENT ACT
:

Title VII prohibits discrimination based upon race, color, religion, sex or national origin with respect to compensation, terms, conditions or privileges of employment. The Equal Employment Opportunity Commission (EEOC) is the enforcing agency and is authorized to investigate charges of discrimination and to bring actions in federal court. Discrimination is treating or favoring individuals differently on a basis other than individual qualifications. Discrimination is not unlawful unless the form of discrimination is prohibited by Wisconsin of federal law. There are four general categories of discrimination:

The Wisconsin Fair Employment Act (WFEA) prohibits discrimination based on age, race, creed, religious observance or practice, color, handicap, marital status, sex. national origin, ancestry, arrest record, conviction record, membership in the National Guard, state defense force or any reserve component of the military forces of the United States or this state, unfair honesty testing, sexual orientation and sexual harassment. The Wisconsin Equal Rights Division is the agency authorized to investigate charges of discrimination, conduct hearings before an administrative law judge and seek enforcement of it decisions.

AGE DISCRIMINATION IN EMPLOYMENT ACT:

The Age discrimination in Employment Act (ADEA) and the WFEA were enacted to protect individuals aged forty or older from discrimination. Under the ADEA, an individual has the right to a jury trial. Most of the age charges in litigation involve employee termination's and layoffs. The EEOC enforces the ADEA and the ERD enforces the WFEA. Under the federal law, employers who are engaged in industry affecting commerce and who have twenty or more employees are subject to the provisions of the ADEA. Wisconsin law covers all employers.

FAIR LABOR STANDARDS ACT:

The Fair Labor Standards Act (FLSA) was enacted to stimulate economy by establishing a minimum wage and a maximum number of hours employees can work. The purpose of wage and hour laws was to allow for social progress by insuring to all working men and women a fair day's pay for a fair day's work, to prevent the production of goods produced under conditions detrimental to the maintenance of minimum standards of living necessary for the health, efficiency and general well-being of workers and to protect the employee from the use of substandard labor conditions.

THE AMERICANS WITH DISABILITIES ACT:

The Americans With Disabilities Act (ADA) prohibits discrimination against disabled individuals in employment as well as in public services, public accommodations and in public transportation. The ADA requires that substantial accommodations be made for the disabled in telecommunications services. The employment provisions of the ADA prohibit employers from discriminating against qualified employees with disabilities in all aspects of employment including application procedures, hiring, advancement, compensation, training and discharge. The law seeks to eliminate any artificial barriers for the employment and promotion of the disabled or those perceived to be disabled.

FEDERAL FAMILY AND MEDICAL LEAVE ACT:

The law applies to employers with 50 or more employees and provides eligible employees with up to 12 weeks of unpaid leave for: (1) the birth, adoption or foster care of a child; (2) care for and employee's son, daughter, spouse, or parent who has a "serious health condition"; or (3) the employee's own "serious health condition," as defined by the Act.

IMMIGRATION REFORM AND CONTROL ACT:

Requires employers to hire only citizens and aliens who are "authorized" to work in the United States. Employers are subject to criminal and civil penalties for knowingly allowing an unauthorized alien to work for the employer.

REHABILITATION ACT OF 1973:

Section 503 of the Rehabilitation Act of 1973 requires all government contractors and subcontractors who are party to nonexempt government contracts or subcontracts in excess of $10,000 to take affirmative action to employ and promote qualified disabled persons. For purpose of federal and state law, a "handicapped or disabled person" is a person who (1) has a physical or mental impairment which substantially limits a major life activity; (2) has a record of such an impairment; or (3) is perceived as having such an impairment.

Home page

Equal Pay For Equal Work

GSA office of EEO

Civil Rights Act

Federal Minimum Wage

General Labor Laws

The Americans With Disabilities Act (Home Page)

Federal Family and Medical Leave Act (August 5)