5.2 Key Employment Laws

The Anti-Discrimination Statutes

The Equal Employment Opportunity Commission (EEOC) enforces most federal anti-discrimination law. Memorize the statute-to-rule-to-threshold mapping; the aPHR asks it directly.

Two refinements you should know. First, Title VII does not require reasonable accommodation for disability, the ADA does; Title VII does require accommodation of religion unless it poses an undue hardship (after Groff v. DeJoy, that means a substantial increased cost). Second, after Bostock v. Clayton County (2020), Title VII's ban on sex discrimination covers sexual orientation and gender identity. The Pregnant Workers Fairness Act (PWFA), effective 2023, now adds an affirmative duty to accommodate known limitations of pregnancy, similar to the ADA framework.

Disparate Treatment vs. Disparate Impact

The aPHR distinguishes two theories of discrimination. Disparate treatment is intentional, treating someone less favorably because of a protected characteristic (e.g., refusing to hire women). Disparate (adverse) impact is unintentional, a facially neutral policy that disproportionately screens out a protected group, such as a strength test that excludes most female applicants. Under disparate-impact analysis the employer must show the requirement is job-related and consistent with business necessity.

A bona fide occupational qualification (BFOQ) is a narrow defense permitting otherwise-discriminatory criteria when reasonably necessary to the business (e.g., hiring only female attendants for a women's locker room); note that race can never be a BFOQ. A reasonable accommodation is required under the ADA, the religion prong of Title VII, and the PWFA, but an employer need not provide one that causes undue hardship.

Wage, Hour, and Leave Laws

The Department of Labor (DOL) enforces the pay and leave statutes; its Wage and Hour Division handles FLSA and FMLA.

Fair Labor Standards Act (FLSA)

The FLSA of 1938 sets the federal minimum wage ($7.25/hour since 2009), the 40-hour overtime threshold, child-labor rules, and the exempt vs. non-exempt distinction. Non-exempt workers earn overtime at 1.5x the regular rate for hours over 40 in a workweek; exempt workers (executive, administrative, professional, outside-sales, certain computer roles) must meet both a salary-basis and duties test and a minimum salary threshold. Memorizing the exact salary figure is less important on the aPHR than knowing the two-part exempt test.

Family and Medical Leave Act (FMLA)

The FMLA of 1993 gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for a serious health condition, the birth/adoption of a child, or to care for a covered family member; 26 weeks for military caregiver leave. The eligibility 'three 50s/75' trap is heavily tested:

• Employer has 50+ employees within a 75-mile radius.
• Employee has worked 12 months total.
• Employee has worked 1,250 hours in the prior 12 months.

USERRA

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' civilian jobs, requiring reemployment after military service (generally up to 5 cumulative years) and prohibiting related discrimination. It applies to all employers regardless of size and is enforced by the DOL (VETS). Remember the contrast: anti-discrimination thresholds run 15/20/50, but EPA, FLSA, and USERRA effectively cover everyone.

Benefits-Related and Other Statutes

A few more laws round out the high-frequency list. COBRA (Consolidated Omnibus Budget Reconciliation Act) lets employees with 20+ employees continue group health coverage (generally up to 18 months) after a qualifying event such as termination, at their own expense. HIPAA protects the privacy of health information. ERISA (Employee Retirement Income Security Act) sets minimum standards for private pension and welfare plans. The Immigration Reform and Control Act (IRCA) requires employers to verify work authorization using Form I-9 and prohibits knowingly hiring unauthorized workers.

The WARN Act requires 60 days' notice of a mass layoff or plant closing by employers with 100+ employees. Finally, the Lilly Ledbetter Fair Pay Act (2009) resets the statute-of-limitations clock with each discriminatory paycheck, expanding pay-discrimination claims under Title VII and the EPA. Recognizing each law's purpose, not memorizing every clause, is what the entry-level aPHR rewards.

How the EEOC Charge Process Works

The aPHR also expects familiarity with how a discrimination claim moves through the system. An employee who believes they were discriminated against generally must file a charge with the EEOC within 180 days of the alleged act (extended to 300 days in states with a parallel fair-employment agency). The EEOC notifies the employer, may attempt mediation, then investigates. If it finds reasonable cause, it tries to resolve the matter through conciliation; if conciliation fails, the EEOC or the charging party may sue. The agency can also issue a right-to-sue letter that lets the individual file in federal court.

Critically, an employee must exhaust this administrative process before suing under Title VII, the ADA, or the ADEA, but not under the Equal Pay Act, which allows a direct lawsuit. Knowing the 180/300-day deadline and the right-to-sue concept is exactly the kind of procedural fact the exam likes to test, so commit those figures to memory alongside the coverage thresholds.