Griggs v. Duke Power
Case that recognized adverse impact discrimination.
McDonnell Douglas Corp. v. Green
Case that established the criteria for disparate treatment discrimination.
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Albemarle Paper v. Moody
Need to establish evidence that test is related to content of the job; could use job analysis to do so but not evidence from global performance ratings made by supervisors.
Washington v. Davis
When a test procedure is challenged under constitutional law, intent to discriminate must be established; no need to establish intent if filed under Title VII, just show effects.
Regents of University of California v. Bakke
Reverse discrimination not allowed; race, however, can be used in selection decisions; affirmative action programs permissible when prior discrimination established.
United Steelworkers v. Weber
Supreme Court ruled that the affirmative action plan did not violate Title VII since it included voluntary quotas.
Meritor Savings Bank v. Vinson
Supreme Court held that sexual harassment that alters an individual's terms and conditions of employment violates Title VII of Civil Rights Act. Court also ruled that common-law principles should be applied to guide lower courts in determining employer liability. How these principles are to be applied was later defined in Faragher and Ellerth.
Johnson v. Santa Clara County Transportation Agency
Supreme Court ruled that the county was justified in giving a job to a woman who scored two points less on an exam than a man; county had an affirmative action plan that was flexible, temporary, and designed to correct the imbalance of white males in the workforce.
School Board of Nassau v. Arline
Court ruled that persons with contagious diseases could be covered by the Rehabilitation Act.
City of Richmond v. J. A. Croson Company
Supreme Court ruled that the rigid numerical quota system was unconstitutional; city had not laid proper groundwork and had not identified or documented discrimination.
United Automobile Workers v. Johnson Controls
Supreme Court held that decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire their parents.
Electromation, Inc., v. NLRB
NLRB held that action committees at Electromation were illegal "labor organizations" because management created and controlled the groups and used them to deal with employees on working conditions in violation of the NLRA.
E. I. Dupont & Company v. NLRB
Board concluded that Dupont's six safety committees and fitness committee were employer-dominated labor organizations and that Dupont dominated the formation and administration of one of them in violation of the NLRA.
Harris v. Forklift Systems, Inc.
Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation.
St. Mary's Honor Center v. Hicks
Supreme Court ruling that Title VII plaintiffs must show that discrimination was the real reason for an employer's actions.
Taxman v. Board of Education of Piscataway
District court held that a school board could not use racial diversity as an "educational goal" or as a justification for an affirmative action plan granting racial preferences in layoffs where there was no evidence of past bias against racial minorities.
McKennon v. Nashville Banner Publishing Co.
Supreme Court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would have justified terminating the employee.
NLRB v. Town & Country Electric
Supreme Court decision related to salting that held that a worker may be a company's "employee," within the terms of the National Labor Relations Act, even if, at the same time, a union pays that worker to help the union organize the company.
Faragher v. City of Boca Raton and Ellerth v. Burlington Northern Industries
Court rulings that distinguished between supervisor harassment that results in tangible employment action and that which does not. When harassment results in tangible employment action, the employer is liable.
Oncale v. Sundowner Offshore Service, Inc.
Ruled that same-gender harassment is actionable under Title VII.
Kolstad v. American Dental Association
Ruled that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.
Circuit City Stores v. Adams
Ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.
NLRB v. Weingarten, Inc.
On June 15, 2004, NLRB ruled by a 3-2 vote that employees who work in a nonunionized workplace are not entitled to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline. This decision effectively reversed the July 2000 decision of the Clinton board, which had extended Weingarten rights to nonunion employees.
Crown Cork and Seal Company
NLRB decision that lifted some restrictions on the employer's use of employee participation committees.
EEOC v. Waffle House
Case in which Supreme Court ruled that even if there is a mandatory arbitration agreement in place, relevant civil rights agency can still sue on behalf of the employee.
Grutter v. Bollinger and Gratz v. Bollinger
Supreme Court ruled that the diversity of a student body is a compelling state interest that can justify the use of race in university admissions as long as the admissions policy is "narrowly tailored" to achieve this goal; University of Michigan did not make this showing for its undergraduate program (Gratz case), but the law school admissions program (Grutter case) satisfied this standard.
Pennsylvania State Police v. Suders
Supreme Court held that in the absence of a tangible employment action, the Ellerth/Faragher affirmative defense is available in a constructive discharge claim to an employer whose supervisors are charged with harassment.
Smith v. Jackson, Mississippi
Supreme Court held that, like Title VII, the ADEA authorizes recovery on a disparate impact theory.
IBP, Inc., v. Alvarez
Supreme Court ruling that all time spent donning or doffing unique safety gear is compensable and that the FLSA requires payment of affected employees for all time spent walking between changing and production areas.
Leonel v. American Airlines
Case in which Court of Appeals for the Ninth Circuit held that to issue a "real" employment offer under the ADA, an employer must have completed all nonmedical components of the application process or be able to demonstrate that it could not reasonably have done so before issuing the offer.
Ledbetter v. Goodyear Tire & Rubber Co.
Supreme Court decision that held that the 180-day time limit for filing a charge under Title VII of the Civil Rights Act started after the alleged unlawful employment action and did not restart upon receipt of each successive paycheck; overruled by Lilly Ledbetter Fair Pay Act of 2009.
Toering Electric Company
NLRB ruling that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer in order to be protected against hiring discrimination based on union affiliation or activity; creates greater obstacles for unions attempting salting campaigns.
Oil Capitol Sheet Metal, Inc.
NLRB decision that provides employers relief in salting cases by announcing a new evidentiary standard for determining the period of back pay; requires the union to provide evidence that supports the period of time it claims the salt would have been employed.
Dana Corporation/ Metaldyne Corporation
NLRB ruling that a recognition bar, which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when the recognition is voluntary, based on a card check.
Erie County Retirees Association v. County of Erie
Decision upheld by Supreme Court that declared that if an employer provides retiree health benefits, the health insurance benefits received by Medicare-eligible retirees be the same—or cost the same—as the health insurance benefits received by younger retirees.
Kennedy v. Plan Administrators for Dupont Savings
Supreme Court ruling that awarded retirement benefits to an ex-spouse even though she had agreed to disclaim such benefits, because retiree had never changed beneficiary designation on retirement plan; points out the need for retirement plan administrators to pay attention to divorce decrees and qualified domestic relations orders.
Ricci v. DeStefano
Supreme Court held that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact—unless they can demonstrate a "strong basis in evidence" that, had they not taken the action, they would have been liable under a disparate impact theory.
Erie County Retirees Association v. County of Erie
Decision upheld by Supreme Court that declared that if an employer provides retiree health benefits, the health insurance benefits received by Medicare-eligible retirees be the same—or cost the same—as the health insurance benefits received by younger retirees.
General Dynamics Land Systems, Inc., v. Cline
Supreme Court ruled that the federal age discrimination law does not protect younger workers—even if they are over 40—from workplace decisions that favor older workers.
PepsiCo, Inc. v. Redmond
Case in which district court applied inevitable disclosure doctrine even though there was no noncompete agreement in place. An employee who had left his position in marketing PepsiCo's All Sport sports drink to work for Quaker Oats Company and market Gatorade and Snapple drinks was enjoined from working for Quaker because he had detailed knowledge of PepsiCo's trade secrets pertaining to pricing, market strategy, and selling/delivery systems.
Leggett v. First National Bank of Oregon
Court ruling that an employer had invaded an employee's privacy when a representative of the company met with a psychologist (to whom the employee had been referred by an employee assistance program) and questioned him about her condition.
Payne v. The Western & Atlantic Railroad Company (1884)
Defined employment at will
Bureau of Labor Statistics (1869)
Establised to study industrial accidents and maintain accident records
Sherman Anti-Trust Act (1890)
Controlled business monopolies; allowed court injunctions to prevent restraint of trade. Used to restrict unionization efforts
Clayton Act (1914)
Limited the use of injunctions to break strikes; exempted unions from the Sherman Act
Federal Employees Compensation Act (1916)
Provided benefits similar to worker compensation for federal employees injured on the job
Longshore and Harbor Workers' Compensation Act (1927)
Provided worker compensation benefits for maritime workers injured on navigable waters of the United States or on piers, docks, and terminals
Railway Labor Act (1926)
Protected unionization rights; allowed for 90-day cooling off period to prevent strikes in national emergencies. Covers railroads and unions
Norris-La Guardia Act (1932)
Protected right to organize; outlawed yellow dog contracts
National Labor Relations Act (1935)
Protected the right of workers to organize and bargain collectively; identified unfair labor practices; established the NLRB. AKA - Wagner Act
Federal Insurance Contributions Act (1935)
Required employers and employees to pay Social Security taxes. AKA - Social Security Act
Federal Unemployment Tax Act (1936)
Required employers to contribute a percentage of payroll to an unemployment insurance fund
Public Contracts Act (1936)
Establishes minimum wage, maximum hours, and safety and health standards for work on contracts in excess of $15,000 for the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S. government or the District of Columbia. All provisions of the PCA are administered by the Wage and Hour Division except the safety and health requirements, which are administered by the Occupational Safety and Health Administration (OSHA). AKA - Walsh-Healey Act
Fair Labor Standards Act (1938)
Defined exempt and nonexempt employees; required and set the minimum wage to be paid to nonexempt workers; required time-and-a-half to be paid for nonexempt overtime hours; limited hours and type of work for children; established record-keeping requirements
Labor-Management Relations Act (1947)
Prohibited closed shops; restricted union shops; allowed states to pass 'right to work' laws; prohibited jurisdictional strikes and secondary boycotts; allowed employers to permanently replace strikers; established the Federal Mediation and Conciliation Service; allowed 80-day cooling off period for national emergency strikes
Portal-to-Portal Act (1947)
An amendment to the Fair Labor Standards Act (FLSA) clarifying that certain activities are generally not compensable working time under the FLSA.
In particular, the Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities occurring before or after ("preliminary or postliminary") they perform the principal activities for which they are employed. For example, compensable working time generally does not include time spent:
Traveling to or from work.
Engaged in incidental activities before or after work.
Patent Act (1952)
Established the US Patent and Trademark Office
Labor-Management Reporting and Disclosure Act (1959)
Controlled internal union operations; provided bill of rights for union members; required majority vote of members to increase dues; allowed members to sue the union; set term limits for union members
Equal Pay Act (1963)
Required the employees performing substantially similar or identical work be paid the same wage or salary
Title VII of the Civil Rights Act of 1964 (1964)
Established EEOC; prohibited employment discrimination on the basis of race, color, religion, national origin, or sex
EO (Executive Order) 11246 (1965)
Prohibited employment discrimination of the basis of race, creed, color, or national origin; required affirmative action steps for all terms and conditions of employment; required a written AAP for contractors with 50 employees
Immigration and Nationality Act (1965)
Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preference for specialized skills
Service Contract Act (1965)
The McNamara-O’Hara Service Contract Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract.
Age Discrimination in Employment Act (1967)
Prohibited discrimination against persons 40 years and older; established conditions for Bona Fide Occupational Qualification exceptions
EO 11375 (1967)
Added sex to protected classes in EO 11246
Consumer Credit Protection Act (1968)
Limited garnishment amounts on employee wages; prohibited discharge of employees for a single garnishment order
EO 11478 (1969)
Included disabled individuals and those 40 years of age or older in protected classes established by EO 11246
Black Lung Benefits Act (1969)
Provided benefits for coal miners suffering from pneumoconiosis due to mine work
Occupational Safety and Health Act (1970)
Required employers to provide a safe workplace and comply with safety and health standards; established OSHA to enforce safety regulations; established NIOSH to research, evaluate, and recommend hazard reduction measures
Fair Credit Reporting Act (1970)
Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action
Griggs v Duke Power (1971)
USSC: Required employers to show that job requirements are related to the job; established that a lack of intention to discriminate is not a defense against claims of discrimination
Equal Employment Opportunity Act (1972)
Established that complainants have burden of proof for disparate impact; provided litigation authority for EEOC; extended time to file complaints
Rehabilitation Act (1973)
Expanded opportunities for individuals with physical or mental disabilities and provided remedies for victims of discrimination
Privacy Act (1974)
Prohibited federal agencies from sharing information collected about individuals
Vietnam Era Veterans Readjustment Assistance Act (1974)
Provided equal opportunity and assistance for Vietnam veterans
Employee Retirement Income Security Act (1974)
Established requirements for pension, retirement, and welfare benefit plans including medical, dental, hospital, AD&D, and unemployment benefits
Albemarle Paper v Moody (1975)
Required that employment tests be validated; subjective supervisor rankings are not sufficient validation; criteria must be tied to job requirements
NLRB v J. Weingarten, Inc (1975)
USSC: Established that union employees have the right to request union representation during any investigatory interview that could result in disciplinary action
Washington v Davis (1976)
USSC: Established that employment selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job
Copyright Act (1976)
Defined 'fair use' of copyrighted work; set term of copyright effectiveness
Mine Safety and Health Act (1977)
Established mandatory mine safety and health standards and created MSHA
Automobile Workers v Johnson Controls, Inc (1977)
USSC: "Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents"
Uniform Guidelines on Employee Selection Procedures (1978)
Established guidelines to ensure that selection procedures be both job related and valid predictors of job success
Pregnancy Discrimination Act (1978)
Required the pregnancy be treated the same as any other short-term disability
Civil Service Reform Act (1978)
Created Senior Executive Service; Merit Systems Protection Board, Office of Personnel Management, and the Federal Labor Relations Authority
Revenue Act (1978)
Established Section 125 and 401(k) plans for employees
EO 12138
Created National Women's Business Enterprise Policy; required affirmative action steps to promote and support women's business enterprises
Guidelines on Sexual Harassment (1980)
Assisted employers to develop antiharassment policies, establish complaint procedures, and investigate complaints promptly and impartially
Retirement Equity Act (1984)
Lowered age limits on participation and vesting in pension benefits; required written spousal consent to not provide survivor benefits; restricted conditions placed on survivor benefits
Consolidated Omnibus Budget Reconciliation Act (1986)
Provided continuation of group health coverage upon a qualifying event
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Tax Reform Act (1986)
Reduced income tax rates and brackets
Immigration Reform and Control Act (1986)
Prohibited employment of individuals who are not legally authorized to work in the US; required I-9's for all employees
Drug-Free Workplace Act (1988)
Required federal contractors to develop and implement drug-free workplace policies
Employee Polygraph Protection Act (1988)
Prohibited the use of lie detector tests except under limited circumstances
Worker Adjustment and Retraining Notification Act (1988)
Required 60-days notice for mass layoffs or plant closing; defined mass layoffs and plant closings; identified exceptions to requirements
Americans with Disabilities Act (1990)
Required reasonable accommodation for qualified individuals with disabilities
Older Worker Benefit Protection Act (1990)
Amended ADEA to prevent discrimination in benefits for workers 40 years of age and older; added requirements for waivers
Immigration Act (1990)
Required prevailing wage for holders of H1(b) visas; set H1(b) quotas
Civil Rights Act (1991)
Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims
Glass Ceiling Act (1991)
Established commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the OFCCP conducts audits of the representation of women and minorities at all corporation levels.
Unemployment Compensation Amendments (1992)
Reduced rollover rules for lump-sum distributions of qualified retirement plans; required 20% withholding for some distributions
National Energy Efficiency Act (1992)
Set maximum transit subsidy at $60 per month for employees; limited tax-free parking benefits to $155 per month
Family and Medical Leave Act (1993)
Required qualifying employers to provide 12 weeks of unpaid leave to eligible employees for the birth/adoption of a child or to provide care for defined relatives with serious health conditions or to employees unable to perform job duties due to serious health conditions
Taxman v Board of Education of Piscataway (1993)
Found that in the absence of past discrimination or underrepresentation of protected classes, preference may not be given to protected classes in making layoff decisions
Harris v Forklift Systems (1993)
USSC: Defined actionable hostile work environment as that which falls between merely offensive and that which results in tangible psychological injury
Omnibus Budget Reconciliation Act (1993)
Revised rules for employee benefits; set maximum deduction for executive pay at $1 million; mandated some benefits for medical plans
Uniformed Services Employment and Reemployment Rights Act (1994)
Protected the reemployment and benefit rights of reservists called to active duty
Congressional Accountability Act (1995)
Required all federal employment legislation passed by Congress to apply to congressional employees
Illegal Immigration Reform and Immigration Responsibility Act (1996)
Reduced number and types of documents to prove identity
Mental Health Parity Act (1996)
Required insurers to provide the same limits for mental health benefits that are provided for other types of health benefits
Health Insurance Portability and Accountability Act (1996)
Prohibited discrimination based on health status; limited health insurance restrictions for preexisting conditions; required a Certificate of Group Health Plan Coverage upon plan termination.
Personal Responsibility and Work Opportunity Reconciliation Act (1996)
Required employers to provide information about all new or rehired employees to state agencies to enforce child support orders
Small Business Job Protection Act (1996)
Redefined highly compensated individuals; detailed minimum participation requirements; simplified 401(k) tests; corrected qualified plan and disclosure requirements
Small Business Regulatory Enforcement Fairness Act (1996)
Provided that an SBA ombudsman act as an advocate for small business owners in the regulatory process
EO 13087 (1998)
Expanded coverage of protected classes in EO 11246 to include sexual orientation
Burlington Industries v Ellerth (1998)
USSC: Established that employers have vicarious liability for employees victimized by supervisors with immediate or higher authority over them who create an actionable hostile work environment
Faragher v City of Boca Raton (1998)
USSC: Established that employers are responsible for employee actions and have a responsibility to control them
Oncale v Sundowner Offshore Services (1998)
USSC: Extended the definition of sexual harassment to include same-sex harassment
NLRB: Epilepsy Foundation of Northeast Ohio (2000)
NLRB extended Weingarten rights to nonunion employees by allowing them to request a co-worker to be present during an investigatory interview that could result in disciplinary action
NLRB: MB Sturgis (2000)
Established that temporary employees may be included in the client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly
Needlestick Safety and Prevention Act (2000)
Mandated recordkeeping for all needlestick and sharp injuries; required employee involvement in developing safer devices
Energy Employees Occupational Illness Compensation Program Act (2000)
Provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
EO 13152 (2000)
Added 'status as a parent' to protected classes in EO 11246
Circuit City Stores v Adams (2001)
USSC: Arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce except for transportation workers
EO 13201 (2001)
Beck Notice: Employers are required to post notice advising employees of their legal right to withhold any part of their union dues that does not relate to collective bargaining, contract administration, or grievance adjustment. Applies to federal contractors and subcontractors.
Sarbanes-Oxley Act (2002)
To improve quality and transparency in financial reporting, to increase corporate responsibility and the usefulness of corporate financial disclosure, and to establish and maintain an adequate internal control structure and procedures for financial reporting
Pharakhone v Nissan North America (2003)
Established that employees who violate company rules while on FMLA leave may be terminated
NLRB: IBM Corp (2004)
NLRB reversed its 2000 decision in Epilepsy, withdrawing Weingarten rights from nonunion employees
Jesperson v Harrah's Operating Co. (2004)
Dress code requiring women to wear make-up does not constitute unlawful sex discrimination under Title VII
Smith v City of Jackson, MS (2005)
USSC: ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race
Pension Protection Act (2006)
Amends ERISA financial obligations for multiemployer pension plans; changes plan administration for deferred contribution plans
Burlington Northern Santa Fe Railway v White (2006)
USSC: All retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results
Sista v CDC Ixis North America (2006)
Employee on FMLA leave may be legally terminated for legitimate, nondiscriminatory reasons, including violations of company policy if the reason is unrelated to the exercise of FMLA rights
Bates v United Parcel Service (2006)
When employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees do not need to prove there were otherwise qualified to perform the essential job functions. The employer must prove the standard is necessary to business operations.
Taylor v Progress Energy (2007)
The waiver of FMLA rights in a severance agreement is invalid. FMLA clearly states that "employees cannot waive, nor may employers induce employees to waive, any rights under the FMLA"
Repa v Roadway Express (2007)
When an employee on FMLA leave is receiving employer-provided disability payments, they may not be required to use accrued sick or vacation leave during the FMLA absence
Phason v Meridian Rail (2007)
When an employer is close to closing a deal to sell a company, WARN Act notice requirements are triggered by the number of employees actually employed and the number laid off on the date of the layoff, even if the purchasing company hires some of the employees shortly after the layoff
Davis v O'Melveny & Myers (2007)
Arbitration clauses in employment agreements will not be enforced if they are significantly favorable to the employer and the employee does not have a meaningful opportunity to reject the agreement
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Velazquez-Garcia v Horizon Lines of Puerto Rico (2007)
The burden of proof that a termination was not related to military service is on an employer when an employee protected by USERRA is laid off
Genetic Information Nondiscrimination Act (2008)
Prohibits employment discrimination on the basis of genetic information. Prohibits employers from requesting, requiring, or purchasing genetic information and describes exceptions.
