Key Legislation Affecting Employee Rights

Understanding and complying with employment laws helps organizations and managers do the right thing and minimizes potential organizational and individual liability. It is vital that employers are current with their understanding and implementation of employment laws. Key federal anti-discrimination laws and agency guidelines that employers must adhere to are:

  • Title VII of the Civil Rights Act of 1964
  • The Civil Rights Act of 1991
  • The Age Discrimination Act
  • The Pregnancy Discrimination Act
  • The Americans with Disabilities Act and the ADA Amendments Act
  • The Genetic Information Nondiscrimination Act
  • The Lilly Ledbetter Pay Act
  • The Uniform Guidelines on Employee Selection Procedures
  • Executive Order 11246
  • The Vietnam Era Veterans Readjustment Assistance Act
  • The Jobs for Veterans Act
  • The Rehabilitation Act
  • The Immigration and Nationality Act
  • The Immigration Reform and Control Act
  • The Worker Adjustment and Retraining Notification Act
  • The Congressional Accountability Act
  • The Uniformed Services Employment and Reemployment Rights Act.  

In addition your company needs to be educated on an ongoing basis about state and local requirements that may be applicable in your state.

Key Legislation Affecting Privacy and Consumer Protection

Organizations are required by law to provide a safe workplace for their employees and to collect and maintain certain private and sensitive information about their employees. Organizations must also take reasonable measures to protect their organizational assets. In adopting measures to accomplish these different objectives, employers must be guided by legitimate organizational interests and common sense.

Many employees believe they have a right to privacy for the individual workstations, computer files , email, telephone conversations, and so forth. But employers often have the legitimate right to monitor such activity and to inspect the legitimate right of employers to protect their assets and safeguard their workplaces balancing this need with respectable employee expectations of privacy.

HR has an important role in managing workplace privacy. The challenge is to facilitate the adoption of reasonable and effective practices and policies that protect employees while minimizing the risk of employer liability.

Companies should be familiar with the three primary pieces of legislation affecting employee privacy: the Privacy Act, the Employee Polygraph Protection Act, and the Electronic Communications Privacy Act.