Federal Law Exceptions to Employment at Will

• Author: Randy Freking
• Profession: Labor employment lawyer
• Pages: 65-82

65

CHAPTER

7

Federal Law Exceptions to

Employment at Will

In the United States, the most comprehensive legislation protecting you as an employee has been enacted

by Congress on the federal level. These laws are exceptions to the “employment-at-will” doctrine dis-

cussed extensively in Chapter 1.

The following chapters describe each of these federal laws and summarize the types of limitations

placed on employers before they may discipline or terminate an employee. Knowing these rights is im-

portant so you can protect your job and take appropriate measures if you feel that you are being treated

unlawfully.

The federal laws discussed in this Chapter are grouped by topics as follows:

• Protected classes

• Safety, health, medical conditions

• Other economic rights

• Conduct/privacy

• Whistleblower rights

These laws do not necessarily pertain to all employees in the United States. Many of them apply only

to companies with workforces of a certain size, excluding most “mom and pop” operations and very small

employers. As an example, the Civil Rights Act of 1964, which protects employees against discrimination

based on race, color, sex, national origin, and religion, only covers companies with 15 or more employees.

66 The ABA Consumer Guide to Employee Rights

If you work for a small employer and

a particular federal law does not cover

that employer, you may be protected

by a law passed in your state or lo-

cal area that covers smaller employers.

In Ohio, for instance, the civil rights

act prohibiting discrimination covers

employers with as few as four employees.

The stipulations of each state vary, and some

states have not passed laws that address issues

covered by federal law. Some of the more com-

mon state law protections are described generally

in Chapter 8.

Rights Related to Protected Classes

Title VII of the Civil Rights Act

The most comprehensive exception to the employment-at-will doctrine is Title VII

of the Civil Rights Act of 1964. It prohibits discrimination in employment based

upon race, color, sex, national origin, and religion. Believe it or not, prior to 1964,

under employment at will, an employer could lawfully fire someone if he or she

did not like an employee’s race, color, sex, national origin, or religion.

Under Title VII, an employee can bring a claim of employment discrimination

for any adverse action taken by an employer, whether it is failure to hire, termina-

tion, or some form of significant discipline. Title VII governs employers with 15

or more employees, as well as all state and local governments, educational insti-

tutions, private and public employment agencies, labor organizations, and joint

labor management committees controlling apprenticeship and training.

Title VII prohibits retaliation against employees who oppose any unlawful

action or practice disallowed by Title VII. For example, your employer cannot

retaliate if you file a discrimination complaint

with human resources or if you serve as a

witness for another employee who is al-

leging unlawful discrimination.

You may not file suit under Title VII

unless you have first filed a charge of dis-

crimination and/or retaliation with the

Equal Employment Opportunity Com-

mission (EEOC) within either 180 days or

300 days of your notice of the adverse action,

depending upon the state in which you work.

Unlawful Harassment

Sexual harassment, racial harassment, and other harassment based on a protected

characteristic are prohibited under federal law and most states’ law.

NOTE

After the EEOC has investigated

your charge for at least 180

days, you may request a dis-

missal of the charge in order to

proceed to court. If you file an

age discrimination case, you may

request a dismissal after 60 days.

NOTE

As with most legal claims, you

should be aware of applicable

statutes of limitations set by

federal agencies. Generally, that

means that you only have a limited

amount of time after you have been

subjected to some form of adverse

action to file either an administrative charge

with a government agency or a lawsuit. These

statutes of limitations are generally enforced

regardless of the reason for your delay.