Federal Discrimination Laws FAQ

1. Are we subject to the federal law barring race and sex discrimination?
2. What does this federal discrimination law bar?
3. Are we subject to the federal law barring age discrimination?
4. To what age person does the federal age discrimination act apply?
5. Are we subject to the federal law barring discrimination against those with disabilities?
6. Are we subject to the Family and Medical Leave Act ("FMLA")?
7. Are we required to verify whether an employee is a citizen?
8. Are we barred from gender-based wage differentials?
9. Are we required to provide an employee pension or benefit plan?
10 If we chose to provide an employee pension or benefit plan, are we required to make extended health coverage available?

 

1. Are we subject to the federal law barring race and sex discrimination?

If you have 15 or more employees, yes, Title VII of the Civil Rights Act applies.

2. What does this federal discrimination law bar?

Title VII bars discrimination on the basis of race, color, religion, sex, pregnancy, or national origin.

3. Are we subject to the federal law barring age discrimination?

If you have 20 or more employees, the Age Discrimination in Employment Act applies.

4. To what age person does the federal age discrimination act apply?

Persons who are 40 or older.

5. Are we subject to the federal law barring discrimination against those with disabilities?

If you have 15 or more employees, yes.

6. Are we subject to the Family and Medical Leave Act ("FMLA")?

If you have 50 or more employees, yes.

7. Are we required to verify whether an employee is a citizen?

If you have at least 3 employees, employment verification procedures are imposed on you.

8. Are we barred from gender-based wage differentials?

If you have at least 2 employees, yes.

9. Are we required to provide an employee pension or benefit plan?

No.

10. If we chose to provide an employee pension or benefit plan, are we required to make extended health coverage available?

If you have 20 or more employees and provide health coverage, you need to make extended health coverage available to employees terminating their employment for any reason except "gross misconduct."

This FAQ is not provided for use or reliance by you or any third parties and does not purport to be exhaustive or to render legal advice for your particular situation or any other specific case. It is meant merely to assist you in sharpening the questions you might ask of your legal advisor in your particular case. Please give me a call should you have any questions. (See: Disclaimer)