Collective Bargaining
Employees are often represented in bargaining by a union or other labor organization. Collective bargaining is governed by federal and state statutory laws, judicial decisions and administrative agency regulations. Should federal and state law overlap, state laws are preempted. The main law governing is the National Labor Relations Act (NLRA). It grants employees the right to gargain and join trade unions. State laws further regulate collective bargaining and make collective agreements enforceable. They may also provide guidelines for those employers and employees not covered by the NLRA, such as agricultural laborers.
Arbitration
This method is used as an alternative to litigation. It is commonly designated in collective agreements. An arbiter, selected by both parties, will hold a formal or informal hearing. The arbiter then issues a decision binding on both parties.
Employment Discrimination
law seeks to prevent any discrimination based on race, sex, religion, national origin, physical disability, and age. There is also a growing body of law preventing discrimination based on sexual orientation.
Discriminatory practices include bias in hiring, promotions, job assignments, termination, compensation and various types of harassment.
The Fifth and Fourteenth Amendment of the United States Constitution limit the power of the federal and state governments to discriminate.
The Fifth Amendment has a requirement that the federal government not deprive individuals of “life, liberty, or property” without due process of the law. It also contains a guarantee that each person shall receive equal protection of the laws.
The Fourteenth Amendment explicitly prohibits states from violating an individual’s right of due process and equal protection.
In the employment context the right of equal protection limits the power of the state and federal government to discriminate. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a “liberty”.
The Equal Pay Act amended the Fair Labor Standards Act in 1963. It prohibits paying wages based on sex.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in more aspects. It applies to employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth, or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions and privileges of employment.
The Civil Rights Acts, amended in 1993, ensure all persons equal rights under the law and outline the damages available to complainants in actions brought under these Acts (Civil Rights Act of 1964, Title VII, The American with Disabilities Act of 1990 and the Rehabilitation Act of 1973).
The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age. The prohibited practices are almost identical to the ones outlined in Title 7. The ADEA outlines explicit guidelines for benefit, pension and retirement plans. An employee is protected by the ADEA if the employee is over 40 years of age.
The American with Disabilities Act was enacted to eliminate discrimination against those with handicaps.
The Rehabilitation Act is to “promote and expand employment opportunities in the public and private sector for handicapped individuals”.
The Equal Opportunity Employment commission (EEOC) interprets and enforces the Equal Payment Act, Age Discrimination in Employment Act, Title VII, Americans with Disabilities Act and parts of the Rehabilitation Act
This document is intended as an informational resource for our clients, the media, and the public in general. This publication's content should not be construed as legal advice. No legal action should be taken without first consulting professional counsel.
