A Synopsis of Selected
Employment Related Acts, Decisions and Orders

Caution: The attached summaries DO NOT constitute legal advice. One must contact a lawyer to obtain legal advice. The sole purpose of the attached summaries is to provide a general guideline as to the intent of the law, decision or executive order in question.

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Illegal Interview Questions.
At-Will Employment
Right to Work
When can you sue for having been fired?

Civil Rights Acts: 1866 to 1978:
Basic Premise: It is unconstitutional to discriminate against a person because of...

• Race (1866)
• Religion, sex or national origin (1964-72)
• Age (1967)
• Physical or mental impairment (1973) Expanded in 1991.
• Pregnancy (1978)

Impact on HR decisions: Policies, procedures and practices must NOT permit illegal discrimination.

Immigration Reform and Control Act of 1986:
Basic Premise: Made it illegal to hire illegal immigrants.
Impact on HR decisions: Employers MUST obtain proper documentation of all employees as employers are subject to a $10,000 for every illegal employee.

Americans with Disabilities Act (ADA):
Basic Premise: Prohibits discrimination against "qualified persons with disabilities" during all employment practices including job application, hiring, firing, advancement, and compensation.
Impact on HR decisions: This Act expanded the Civil Rights Act and all policies, procedures and practices must NOT allow discrimination against otherwise qualified persons who have a physical or mental handicap, age, race, religion, sex or national origin.

Griggs v. Duke Power Company:
Basic Premise: Any job selection criteria MUST be a Bonafide Occupational Qualification (BFOQ) and therefore directly related to ability to perform on-the-job.
Impact on HR decisions: Employment forms and procedures must be checked to insure that no one is being excluded from the pool of applicants for reasons not directly related to ability to perform the job.

Albermarle Paper Company v. Moody:
Basic Premise: If testing is used to choose which candidates to hire, that testing must NOT discriminate against women and minorities.
Impact on HR decisions: Employment procedures must be checked to insure that women and minorities are NOT being excluded from the pool of applicants by any policy, practice custom or usage that is not directly related to ability to perform the job. Burden of Proof is on the employer to prove that any device used for selection actually measures ability to perform on-the-job.

Dothard v. Ralwlinson:
Basic Premise: It is illegal to discriminate against a potential employee based on job height and weight.
Impact on HR decisions: It is the employer's responsibility to prove that height and weight requirements are essential to ability to perform on-the-job if such standards are used.

University of California Regents v Bakke:
Basic Premise: It is illegal to discriminate against anyone if the basis for discrimination is a quota. However, race may be taken into account during admission decisions.
Impact on HR decisions: Race may be taken into account as long as the Affirmative Action plan does not use quotas.

Firefighters Local Union #1984 v. Carl W. Stotts:
Basic Premise: Allows seniority to be used as a basis for retention during reduction in force even when doing so has an adverse impact on later hired minority workers as long as adversely impacted minority workers were NOT previously discriminated against.
Impact on HR decisions: Employees who can prove they were adversely impacted by previous discrimination may benefit from Affirmative Action even during a layoff.

Meritor Savings Bank v. Vinson:
Basic Premise: Sexual harassment is illegal and the employer is guilty if they know about it and do not stop it, or should have know about it and did not act.
Impact on HR decisions: Employers MUST have a sexual harassment policy and procedures in place and these must be acted upon whenever a sexual harassment complaint comes to light.

Equal Employment Opportunity Commission (EEOC):
Basic Premise: Provides a Federal Agency to which employees can complain as this agencies job is to enforce civil rights policies.
Impact on HR decisions: It is necessary to put policies and procedures and practices that eliminate discrimination and sexual harassment in place. Furthermore, employers MUST cooperate with EEOC and MUST NOT discriminate against employees who have exercised their right to file a complaint.

Sexual Harassment:
Basic Premise: Both hostile environment and quid-pro-quo sexual harassment are illegal. Interpretation of whether or not sexual harassment has occurred is to be determined by "a reasonable woman" who knows the facts of the allegations.
Impact on HR decisions: Employers MUST have a sexual harassment policy and procedures in place and these must be acted upon whenever an instance of sexual harassment comes to light.