FEDERAL LAWS AFFECTING EMPLOYMENT

I.     TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.

Federal law prohibits employment practices that discriminate because of race, color, religion, sex, or national origin. The law applies to employees who have twenty-five or more employees, to employment agencies, and to labor organizations. ALSO COVERED

A.     UNLAWFUL PRACTICES OF EMPLOYERS.

It is an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.

B.     UNLAWFUL PRACTICES OF EMPLOYMENT AGENCIES.

It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against any individual, or to classify or refer for employment any individual, on the basis of or because of his race, color, religion, sex, or national origin.

C.     UNLAWFUL PRACTICES OF LABOR ORGANIZATIONS.

It is an unlawful employment practice for a labor organization to exclude or to expel from its membership, or otherwise discriminate against, any individual because of race, color, religion, sex, or national origin.

D.     EXAMPLES OF UNLAWFUL PRACTICES.

1. Certain "male only" job classifications.
   
2. Wage differences between men and women doing the same work.
   
3. Not granting maternity leave to pregnant employees.
   
4. Nonequalization of male and female retirement ages.
   
5. Separate male and female seniority lists.

E.     EMPLOYMENT PRACTICES NOT IN VIOLATION OF THE LAW.

The act exempts the following practices as violations:

1. Any discrimination based on religion, sex, or national origin where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
   
2. A policy by a church supported educational institution to hire only employees who have certain religious beliefs.
   
3. Any discrimination based on a seniority, merit or incentive system or other like reasons that are not the result of any intention to discriminate because of race, color, religion, sex, or national origin.

II.     THE FAIR LABOR STANDARDS ACT.

In 1938 Congress enacted the Fair Labor Standards Act, which set a minimum wage and maximum workweek for employees engaged in interstate commerce or in the production of goods for commerce. Because of the broad interpretation by the Supreme Court of the federal government's constitutional power to regulate interstate commerce, this act has a widespread effect on employment.

There are also provisions in the act restricting the employment of children. Children under eighteen years of age may not engage in hazardous occupations. Children under sixteen years may work for their parents in non-mining or non-manufacturing occupations. Children between the ages of fourteen and sixteen years may work at non-mining and non-manufacturing occupations after school hours and under conditions that will not affect their health or well-being.

The Fair Labor Standards Act is administered by the Wage and Hour Division of the United States Department of Labor at, Washington, D.C. Many of the states have similar legislation affecting employment conditions among employees working in business wholly within the state.

III.     THE NATIONAL LABOR RELATIONS ACT AND LABOR MANAGEMENT RELATIONS ACT.

The National Labor Relations Act, known as the Wagner Act, has given employees the legal right to organize and bargain collectively with their employers without interference or coercion by the employers. The National Labor Relations Board enforces the act and may, upon request of the employer or employees, hold an election to determine which union shall act as bargaining agent. The Board may prohibit the employer from using unfair labor practices and may, after opportunity for hearing, compel the reinstatement of a former employee discharged because of union activities. The act has been amended by the Labor-Management Relations Act known as the Taft-Hartley Act, which has added such things as prohibitions against unfair labor practices by employees. Some states have legislation patterned after these acts.

IV.     THE NORRIS-LA GUARDIA ACT.

Another federal act affecting employer employee relationships is the Norris-La Guardia Act, which restricts the power of the federal courts to issue injunctions in labor disputes, although these restrictions have been eased somewhat by the Taft-Hartley Act, and prohibits them from enforcing "yellow dog" contracts. A yellow dog contract is one by which the employee, as a condition of his employment, agrees to withdraw from, or refrain from joining, a labor organization. Some states have similar laws affecting their own courts.

V.     THE SOCIAL SECURITY ACT.

The two phases of the Social Security Act that are most important to employer and employee are: (a) that which sets up a permanent system of old-age benefits, and (b) that which promotes the enactment of permanent unemployment insurance systems by the states. The old-age benefit system is administered by the federal government, and to support the plan, employer and employee pay a tax based on the size of the employee's wage, which the employer must remit to the federal treasury. When the employee reaches 65, his or her monthly benefit payments begin and their amount is calculated with reference to the total tax the worker has paid over working years.. These benefit provisions apply to all classes of persons within the act, and should.not be confused with old-age pensions to needy persons.

The act attempts to induce the states to enact and administer unemployment insurance systems. The employer must pay a tax on his total payroll into the federal treasury. If the state has an unemployment insurance act that meets the standards set up by Congress, the federal government will grant money to the state to help pay the cost of the insurance. The employer may also deduct up to 90 per cent of the federal tax to pay the state unemployment insurance tax.

Other sections of the Social Security Act provide for federal grants to the states for maternal and child welfare, or public health work, and for aid to the blind, the needy aged, and dependent children. Medicare and Medicaid programs are also administered under the Social Security Act.