Employment Law Quick Reference
Employment law is a foundational topic in the Workplace domain on the SHRM exams. HR professionals must know the key federal employment laws, their coverage thresholds, protected classes, and enforcement agencies.
Major Anti-Discrimination Laws
| Law | Year | Protected Class(es) | Coverage | Enforcement |
|---|
| Title VII (Civil Rights Act) | 1964 | Race, color, religion, sex, national origin | 15+ employees | EEOC |
| Age Discrimination in Employment Act (ADEA) | 1967 | Age (40 and older) | 20+ employees | EEOC |
| Pregnancy Discrimination Act (PDA) | 1978 | Pregnancy, childbirth, related conditions | 15+ employees | EEOC |
| Americans with Disabilities Act (ADA) | 1990 | Qualified individuals with disabilities | 15+ employees | EEOC |
| Genetic Information Nondiscrimination Act (GINA) | 2008 | Genetic information | 15+ employees | EEOC |
| Equal Pay Act (EPA) | 1963 | Sex-based pay discrimination | All employers under FLSA | EEOC |
| Section 1981 (Civil Rights Act of 1866) | 1866 | Race and ethnicity | All employers (no minimum) | Federal courts |
Wage and Hour Laws
| Law/Standard | Key Provisions | Important Details |
|---|
| Fair Labor Standards Act (FLSA) | Minimum wage, overtime, child labor, recordkeeping | Overtime: 1.5x regular rate for hours over 40 per workweek |
| FLSA Exemptions (White Collar) | Executive, Administrative, Professional, Computer, Outside Sales | Must meet both salary threshold and duties test to be exempt |
| Davis-Bacon Act | Prevailing wages on federal construction projects over $2,000 | Applies to contractors and subcontractors |
| Walsh-Healey Act | Prevailing wages on federal supply contracts over $15,000 | Applies to manufacturers and suppliers |
| Service Contract Act | Prevailing wages on federal service contracts over $2,500 | Applies to service workers on government contracts |
| Portal-to-Portal Act | Defines compensable work time | Travel to/from work generally not compensable; donning/doffing may be |
Leave and Benefits Laws
| Law | Coverage | Key Provisions |
|---|
| Family and Medical Leave Act (FMLA) | 50+ employees within 75 miles | 12 weeks unpaid leave for birth/adoption, serious health condition, family member care; 26 weeks for military caregiver |
| COBRA | 20+ employees | Continuation of group health coverage for 18-36 months after qualifying event; employee pays full premium + 2% admin |
| HIPAA | Health plans, providers, clearinghouses | Protects health information privacy; limits preexisting condition exclusions; portability of coverage |
| ERISA | Private employers with benefit plans | Sets standards for pension and welfare benefit plans; fiduciary duties; reporting requirements |
| USERRA | All employers | Reemployment rights for military service members; up to 5 years cumulative leave; no discrimination |
| ACA (Affordable Care Act) | 50+ FTEs (applicable large employers) | Must offer affordable minimum essential coverage or face penalties |
EEOC Complaint Process
| Step | Action | Timeline |
|---|
| 1 | Employee files a charge with the EEOC | 180 days from the alleged violation (300 days in deferral states) |
| 2 | EEOC notifies the employer and may request a response | Within 10 days of filing |
| 3 | EEOC investigates the charge | Varies (can take months) |
| 4 | EEOC issues a determination (cause or no cause) | After investigation |
| 5 | Conciliation attempt (if cause found) | Before litigation |
| 6 | Right-to-sue letter issued if conciliation fails or no cause found | Employee has 90 days to file in court |
Key Employment Law Concepts
- Disparate Treatment: Intentional discrimination against an individual based on a protected characteristic
- Disparate Impact: Neutral policy or practice that disproportionately affects a protected group; no intent required
- Bona Fide Occupational Qualification (BFOQ): Narrow defense allowing discrimination when a characteristic is essential to the job (never applies to race)
- Reasonable Accommodation: Modification to the job or workplace enabling a qualified individual with a disability to perform essential functions, unless it creates undue hardship
- Retaliation: Adverse action against an employee for engaging in protected activity (filing a complaint, participating in an investigation); most common EEOC charge category
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