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Key Legal Issues in Employment Relations
Law Year Description
U.S. Constitution, 5th Amendment ? To protect against
federal violation of “due
process”
U.S. Constitution 13th Amendment ? To abolish slavery
U.S. Constitution 14th Amendment ? To protect against state
violations of “due
process” and to afford
equal protection for all
Civil Rights Act 1866 To establish the right of
all citizens to make and
enforce contracts
Civil Rights Act 1871 To make citizens liable
for suits
Federal Arbitration Act 1925 To ensure that
commercial arbitration
agreements are
enforced
Railway Labor Act 1926 Recognized the right of
railroad employees later
amended to include
airline employees) to
join unions and bargain
collectively.
Social Security Act 1935 Payroll tax to fund
retirement benefits,
disability, and
unemployment
insurance
Norris-LaGuardia Act 1932 Restricted the use of
injunctions against labor
and make yellow-dog
contracts unenforceable
National Labor Relations Act 1935 Legitimized labor unions
(Wagner Act) and established the
National Labor
Relations Board
Fair Labor Standards Act 1938 Established minimum
wage and overtime pay;
child labor; equal pay for
equal work
Law Year Description
Labor-Management Relations Act 1947 Provided protection for
(Taft‑Hartley Act) employers and limited
union power; permitted
states to enact
right‑to‑work laws
Labor-Management Reporting and 1959 Protects union
Disclosure Act (Landrum‑Griffin Act) members' right to
participate in union
affairs; also union
members from possible
wrongdoing on the part
of their unions
Equal Pay Act 1963 Prohibits unequal pay
for the same job
Civil Rights Act (Title VII) 1964 Prohibits employment
decisions based on
race, color, religion,
sex, or national origin
Executive Order 11246 1965 Same as Title VII, also
requires affirmative
action
Age Discrimination in 1967 Prohibits employment
Employment Act decisions based on age
of persons aged 40 or
older
Occupational Safety and 1970 Establishes safety and Health Act standards for
organizations to
protect employees
Equal Employment 1972 To extend coverage of
Opportunity Act the 1964 Civil Rights Act
to include both public
and private sectors;
educational institutions,
labor organization, and
employment agencies
Rehabilitation Act 1973 To protect persons with
disabilities against
discrimination (public
sector)
Employee Retirement Income 1974 Regulates the
Security Act (ERISA) financial stability
of employee benefit and
pension plans
Law Year Description
Vietnam‑Era Veterans 1974 Prohibits federal
Readjustment Act contracts from
discriminating against
Vietnam‑era veterans
Civil Service Reform Act 1978 Established right of
federal employees to
have union
representation; Created
the Federal Labor
Relations Authority to
monitor federal labor
relations. Forbade wage
negations and prohibited
strikes
Pregnancy Discrimination Act 1978 Prohibits employers
from discriminating
against pregnant women
Job Training Partnership Act 1982 Provides block money
grants to states to pass
on to local governments
and private entities that
provide on‑the‑job
training
Consolidated Omnibus Budget 1985 Requires continued
Reconciliation Act (COBRA) health insurance
coverage paid by
employee following
termination
Immigration Reform and 1986 Prohibits discrimination
Control Act based on citizenship
status; employers
required to document
employees' legal work
status
Worker Adjustment and 1988 Employers required to
Retraining Act (WARN) notify workers of
impending layoffs
Drug‑Free Workplace Act 1988 Covered employers
must implement certain
policies to restrict
employee drug use
Whistleblower Protection Act 1989 Guarantees benefits and
job continuation to an
employee who discloses
legal improprieties
Americans with Disabilities 1990 Prohibits discrimination
Act (ADA) based on disability
Law Year Description
Older Workers Benefit 1990 Mandates that waiver
Protection Act agreements which purport
to release ADEA claims
meet certain requirements
in order to be valid.
Civil Rights Reform Act 1991 Amends Title V11;
prohibits quotas, allows
for monetary punitive
damages
Model Uniform Employment 1991 An attempt to bring
Termination Act (passed by some degree of
National Conference of uniformity to the
Commissioners of Uniform patchwork of state laws
State Laws) addressing wrongful
discharge
Family and Medical Leave Act 1993 Employers required to
provide unpaid leave for
childbirth, adoption,
illness
USA Patriot Act 2001 sweeping new powers to
both domestic law
enforcement and
international intelligence
and surveillence agencies
and have eliminated the
checks and balances that
previously gave courts the
opportunity to ensure that
these powers were not
abused.
Workers compensation laws Various State‑by‑state laws that
establish insurance
plans to compensate
employees injured on
the job
Common Law Considerations
· Employment At Will
· Common Law Test of
Employee Status
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