Module 1: Federal Employment Law | SHRM-CP + SPHR Prep

Which federal employment discrimination law prohibits discrimination based on race, color, religion, sex, and national origin?

Title VII: Coverage

Title VII of the Civil Rights Act of 1964.

Jurisdiction: Federal Agency: EEOC

Key Rule: Title VII prohibits discrimination in employment based on race, color, religion, sex, and national origin.

Threshold: 15+ employees, generally measured by 20 calendar weeks in the current or preceding year.

What is the general private-employer employee threshold for Title VII?

Title VII: Coverage

15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year

Jurisdiction: Federal

Agency: EEOC

Key Rule: Title VII generally applies at 15+ employees.

Threshold: 15 employees / 20 weeks

Does Title VII prohibit only hiring discrimination?

Title VII: Prohibited conduct

No. It can prohibit discrimination affecting hiring, firing, compensation, promotion, assignments, training, benefits, leave, and other terms, conditions, or privileges of employment.

Jurisdiction: Federal

Agency: EEOC

Key Rule: Title VII reaches employment decisions and conditions, not just hiring

What does Title VII generally require regarding religious practices?

Title VII: Religion

Covered employers must reasonably accommodate an employee's religious observance or practice unless doing so would impose an undue hardship under the applicable Title VII standard.

Jurisdiction: Federal

Agency: EEOC

Key Rule: Religious accommodation is distinct from disability accommodation

An employee complains to HR about suspected discrimination and later receives unusually harsh discipline. What legal issue should HR immediately assess?

Title VII: Retaliation

Potential retaliation, including whether the employee engaged in protected activity and whether the subsequent action was motivated by that activity.

Jurisdiction: Federal

Agency: EEOC

Key Rule: EEO laws prohibit retaliation for protected activity

What is the general private-employer threshold for Title I of the ADA?

ADA: Coverage

15 or more employees, generally for each working day in 20 or more calendar weeks in the current or preceding year

Jurisdiction: Federal

Agency: EEOC

Key Rule: ADA Title I prohibits employment discrimination against qualified individuals with disabilities

Threshold: 15 employees / 20 weeks

What is a qualified individual with a disability under the ADA?

ADA: Qualified individual

An individual who satisfies the required skill, experience, education, and other job-related requirements and can perform the essential functions of the position with or without reasonable accommodation.

Jurisdiction: Federal

Agency: EEOC

Key Rule: Qualification has both job-qualification and essential-function components

Does an employee have to use the words 'ADA' or 'reasonable accommodation' to request an accommodation?

ADA: Reasonable accommodation

No. An employee generally only needs to communicate that an adjustment or change at work is needed for a reason related to a medical condition

Jurisdiction: Federal

Agency: EEOC

Key Rule: Requests may be made in plain language

An employee says, 'My medical condition is making it difficult for me to maintain my current schedule. Is there anything we can do?' What should HR consider first?

ADA: Interactive process

Treat the statement as a potential accommodation request and begin the appropriate interactive process to determine whether a reasonable accommodation may enable the employee to perform essential functions.

Jurisdiction: Federal

Agency: EEOC

Key Rule: The ADA accommodation process is individualized

What is the ADA's general definition of undue hardship?

ADA: Undue hardship

An accommodation that requires significant difficulty or expense, considering the statutory factors

Jurisdiction: Federal

Agency: EEOC

Key Rule: Undue hardship is fact-specific and considers the employer's circumstances

An employer wants to remove a fundamental duty from a position permanently because an employee cannot perform it. What ADA concept should HR evaluate?

ADA: Essential functions

Whether the duty is an essential function and whether another reasonable accommodation is available; an employer generally is not required to eliminate an essential function

Jurisdiction: Federal

Agency: EEOC

Key Rule: Essential functions are fundamental job duties

What age group is protected by the ADEA?

ADEA: Coverage

Applicants and employees who are 40 years of age or older

Jurisdiction: Federal

Agency: EEOC

Key Rule: The ADEA protects workers 40+ from age discrimination

Threshold: 40+

What is the general private-employer employee threshold for the ADEA?

ADEA: Coverage

20 or more employees for each working day in 20 or more calendar weeks in the current or preceding year

Jurisdiction: Federal

Agency: EEOC

Key Rule: ADEA coverage generally begins at 20 employees

Threshold: 20 employees / 20 weeks

What is one major federal law that governs waivers of ADEA claims in severance agreements?

ADEA: Waivers

The Older Workers Benefit Protection Act (OWBPA), which amended the ADEA and imposes specific requirements for valid waivers

Jurisdiction: Federal

Agency: EEOC

Key Rule: ADEA waivers have statutory requirements beyond ordinary contract principles

Threshold: 21 days individual / 45 days group in qualifying situations

What is the general private-employer threshold for GINA?

GINA: Coverage

15 or more employees

Jurisdiction: Federal

Agency: EEOC

Key Rule: GINA prohibits employment discrimination based on genetic information

Threshold: 15 employees

What can count as genetic information under GINA?

GINA: Protected information

Genetic tests of an individual or family member, family medical history, requests/receipt of genetic services, and certain genetic information concerning a fetus or embryo

Jurisdiction: Federal

Agency: EEOC

Key Rule: GINA focuses on genetic information rather than disability status itself

What does the federal Equal Pay Act prohibit?

Equal Pay Act: Coverage

Sex-based wage discrimination between men and women performing substantially equal work in the same establishment

Jurisdiction: Federal

Agency: EEOC

Key Rule: The EPA focuses on equal pay for substantially equal work, not identical jobs

How broadly does the Equal Pay Act apply to employers?

Equal Pay Act: Coverage

Virtually all employers are covered by the federal EPA, subject to the statute's coverage rules

Jurisdiction: Federal

Agency: EEOC

Key Rule: EPA coverage is broader than Title VII's general 15-employee threshold

Threshold: No general 15/20 threshold

What are the four classic Equal Pay Act affirmative defenses to a wage disparity?

Equal Pay Act: Defenses

Seniority system, merit system, system measuring earnings by quantity or quality of production, or a differential based on any factor other than sex

Jurisdiction: Federal

Agency: EEOC

Key Rule: The employer bears the burden of proving an applicable affirmative defense after the employee establishes the required disparity

Threshold: 4 defenses

When did the federal Pregnant Workers Fairness Act take effect?

PWFA: Coverage

June 27, 2023

Jurisdiction: Federal

Agency: EEOC

Key Rule: The PWFA created a distinct federal accommodation framework for known limitations related to pregnancy, childbirth, or related medical conditions

What is the general private-employer threshold for the PWFA?

PWFA: Coverage

15 or more employees

Jurisdiction: Federal

Agency: EEOC

Key Rule: The PWFA generally applies to employers with 15+ employees

Threshold: 15 employees

What does the PWFA generally require an employer to do when a qualified worker has a known limitation related to pregnancy, childbirth, or a related medical condition?

PWFA: Known limitations

Provide a reasonable accommodation unless doing so would cause an undue hardship

Jurisdiction: Federal

Agency: EEOC

Key Rule: PWFA is an accommodation statute; it supplements other pregnancy protections

Can the PWFA ever require temporary suspension of an essential job function as an accommodation?

PWFA: Temporary suspension of essential functions

Yes, in qualifying circumstances and subject to the statute and regulation

Jurisdiction: Federal

Agency: EEOC

Key Rule: The PWFA has a broader accommodation structure than the ADA in some pregnancy-related situations

A pregnant employee asks for leave as an accommodation, but another effective accommodation would allow her to keep working. Can the employer automatically require leave?

PWFA: Leave

No. The PWFA prohibits requiring an employee to take leave if another reasonable accommodation can be provided that would allow the employee to continue working.

Jurisdiction: Federal

Agency: EEOC

Key Rule: Leave can be a reasonable accommodation, but it is not automatically the preferred accommodation

What four major areas does the FLSA regulate?

FLSA: Core requirements

Minimum wage, overtime pay, recordkeeping, and youth employment standards

Jurisdiction: Federal

Agency: DOL

Key Rule: The FLSA is broader than overtime alone

What is the federal minimum wage under the FLSA?

FLSA: Federal minimum wage

$7.25 per hour for covered nonexempt employees, effective July 24, 2009

Jurisdiction: Federal

Agency: DOL

Key Rule: State or local law may require a higher rate

When does the FLSA generally require overtime for covered nonexempt employees?

FLSA: Overtime

After more than 40 hours worked in a workweek, at not less than one and one-half times the regular rate

Jurisdiction: Federal

Agency: DOL

Key Rule: FLSA overtime is based on the workweek, not simply hours over eight in a day

Threshold: 40 hours/workweek; 1.5x

What is a workweek under the FLSA?

FLSA: Workweek

A fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods

Jurisdiction: Federal

Agency: DOL

Key Rule: Employers may establish different workweeks for different groups if the requirements are met

Threshold: 168 hours / 7 days

Does paying an employee a salary automatically make the employee exempt from FLSA overtime?

FLSA: Exemptions

No. Exempt status generally depends on the applicable exemption's requirements, which can include salary basis, salary level, and duties tests.

Jurisdiction: Federal

Agency: DOL

Key Rule: Classification is a legal analysis, not simply a payroll-label decision

Does the FLSA contain recordkeeping requirements?

FLSA: Recordkeeping

Yes. Covered employers must maintain required records concerning wages, hours, and other employment information for covered employees.

Jurisdiction: Federal

Agency: DOL

Key Rule: Recordkeeping is a separate FLSA compliance obligation

What does the PUMP Act generally require under the FLSA?

FLSA: PUMP Act

Most covered nursing employees must receive reasonable break time each time they need to express breast milk and a private place, other than a bathroom, that is shielded from view and free from intrusion, for up to one year after the child's birth.

Jurisdiction: Federal

Agency: DOL

Key Rule: The PUMP Act expanded FLSA pumping protections

Threshold: 1 year after birth

Which private-sector employers are generally covered by the FMLA?

FMLA: Covered employer

Employers that employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year.

Jurisdiction: Federal

Agency: DOL

Key Rule: Public agencies and local educational agencies have separate coverage rules

Threshold: 50 employees / 20 weeks

What are the three core FMLA eligibility requirements for a typical employee?

FMLA: Employee eligibility

The employee must have worked for the employer for at least 12 months, worked at least 1,250 hours in the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.

Jurisdiction: Federal

Agency: DOL

Key Rule: FMLA eligibility is an employee-level analysis after determining employer coverage

Threshold: 12 months / 1,250 hours / 50 within 75 miles

Do paid vacation, sick leave, or PTO hours count toward the FMLA 1,250-hour eligibility requirement?

FMLA: Hours

Generally no. The 1,250 hours must be hours actually worked for the employer; paid and unpaid leave generally do not count.

Jurisdiction: Federal

Agency: DOL

Key Rule: Actual hours worked are the key concept

Threshold: 1,250 actual hours

How much FMLA leave may an eligible employee generally take for qualifying reasons in a 12-month period?

FMLA: Leave entitlement

Up to 12 workweeks of job-protected leave for qualifying reasons, subject to statutory conditions and exceptions

Jurisdiction: Federal

Agency: DOL

Key Rule: Military caregiver leave can provide up to 26 workweeks in a single 12-month period

Threshold: 12 weeks; 26 weeks for military caregiver leave

What generally happens to group health benefits during FMLA leave?

FMLA: Health benefits

The employer must maintain group health benefits for an eligible employee on FMLA leave on the same conditions as if the employee had continued working.

Jurisdiction: Federal

Agency: DOL

Key Rule: FMLA protects benefits as well as job status

What is the general FMLA job-restoration standard?

FMLA: Job restoration

An employee returning from FMLA leave generally must be restored to the same or a virtually identical position, subject to applicable rules and exceptions

Jurisdiction: Federal

Agency: DOL

Key Rule: FMLA provides job protection, not an absolute guarantee against legitimate employment actions unrelated to leave

Threshold: Same or virtually identical position

What core employee rights are protected by Section 7 of the NLRA?

NLRA: Section 7

Employees have rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives, and to engage in other concerted activities for collective bargaining or mutual aid or protection

Jurisdiction: Federal

Agency: NLRB

Key Rule: Section 7 rights exist even outside traditional union organizing

Several nonunion employees discuss their wages and benefits and jointly raise concerns with management. Could this be protected activity?

NLRA: Protected concerted activity

Yes. Employees may have Section 7 protection for concerted activity concerning wages and other terms and conditions of employment.

Jurisdiction: Federal

Agency: NLRB

Key Rule: Protected concerted activity can occur in nonunion workplaces

When does a union-represented employee generally have a Weingarten right to representation?

NLRA: Weingarten rights

When the employee is asked to participate in an investigatory interview that the employee reasonably believes could lead to discipline or another adverse employment consequence, and the employee requests representation.

Jurisdiction: Federal

Agency: NLRB

Key Rule: The right is triggered by the employee's request under current Board law

Threshold: Investigatory interview + reasonable belief + request

A union-represented employee requests a union representative during an investigatory interview. What are the employer's general lawful options?

NLRA: Weingarten response

Grant the request and delay the interview; deny the request and end the interview; or allow the employee to choose whether to proceed without a representative or end the interview

Jurisdiction: Federal

Agency: NLRB

Key Rule: Continuing the interview over the employee's request can create an unfair labor practice

Threshold: 3 general options

What makes an employee a 'supervisor' under the NLRA?

NLRA: Supervisor definition

Generally, the employee must have specified authority in the employer's interest, such as hiring, transferring, suspending, laying off, recalling, promoting, discharging, assigning, rewarding, disciplining, responsibly directing, or adjusting grievances, or effectively recommending such action, with independent judgment rather than merely routine or clerical authority.

Jurisdiction: Federal

Agency: NLRB

Key Rule: Job titles do not determine NLRA supervisor status

A manager wants to discipline an employee for complaining with coworkers about pay in a group chat. What should HR assess before approving discipline?

NLRA: Employer risk

Whether the employee's conduct is protected concerted activity under Section 7 and whether the discipline would interfere with or retaliate against protected rights

Jurisdiction: Federal

Agency: NLRB

Key Rule: The content, context, and purpose of the activity matter

Which major federal EEO laws generally use a 15-employee threshold?

Coverage: Thresholds

Title VII, ADA, and GINA; the PWFA also generally applies to employers with 15 or more employees

Jurisdiction: Federal

Agency: EEOC

Key Rule: Several major EEOC-administered statutes align at 15 employees

Threshold: 15 employees

Which major federal EEO law generally uses a 20-employee threshold?

Coverage: Thresholds

The Age Discrimination in Employment Act (ADEA)

Jurisdiction: Federal

Agency: EEOC

Key Rule: The ADEA generally covers private employers with 20 or more employees

Threshold: 20 employees

An employee requests an accommodation because of pregnancy-related limitations. Which federal statutes might HR need to evaluate?

Accommodation: Comparison

Potentially the PWFA, Title VII/Pregnancy Discrimination Act, ADA if the condition qualifies as a disability, FMLA if the employee and employer meet FMLA requirements, and the PUMP Act if the issue involves expressing breast milk.

Jurisdiction: Federal

Agency: EEOC / DOL

Key Rule: Pregnancy-related workplace issues can trigger multiple overlapping laws

A state law provides employees with greater protection than a federal employment law. Which rule should HR generally follow?

Compliance: Federal/state interaction

The employer generally must comply with the more protective applicable state/local requirement, unless federal law preempts or otherwise limits the state rule.

Jurisdiction: Federal/State

Agency: Multiple agencies

Key Rule: Federal law often establishes a floor, while state/local law can provide greater protection