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Federal & Ohio Employment Statutes

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Drugs

Federal

(Federal Contractors) Drug Free Workplace Act (1988) 41 U.S.C. § 701, et seq.

Requires some federal contractors to have written drug-use policies and to follow certain requirements to certify that they maintain a drug-free workplace

Discrimination

Federal Military

Uniformed Services Employment and Re-employment Rights Act (1994) (USERRA) 38 U.S.C. § 4311

Prohibits discrimination against military service members because of past, current, or future military service. Protects military service workers‚ employment rights and benefits of employment.

Federal Military

(Federal Contractors) Vietnam-Era Veterans Readjustment Assistance Act (1974) 38 U.S.C. § 4212

Requires federal contractors, with contracts valued at more than $25,000, to take affirmative action in hiring and promoting of Vietnam-era veterans, certain disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. All job opportunities must be registered with local employment services.

Federal Sector Employees

Equal Pay Act (1963) 29 U.S.C. § 206

Prohibits wage discrimination on the basis of sex by requiring equal pay for equal work of the same skills, effort, and responsibilities.

Federal Sector Employees

29 C.F.R. § 1614, et. seq.

Federal sector employee EEOC discrimination counseling / complaint process

Federal

Title VII, Civil Rights Act (1964) (1991) 42 U.S.C. § 2001e, et seq.

Prohibits the discrimination in all terms and conditions of employment (including pay and benefits) on the basis of race, religion, ethnic group, sex, national origin, or disability

Federal

Title I, Americans with Disabilities Act (1990) 42 U.S.C. § 12101, et seq.

Protects qualified individuals with disabilities in the private and public sectors from unlawful discrimination in employment. Discrimination is prohibited if the individual can do the essential job functions. An employer must make reasonable accommodations for such individuals unless doing so would place an undue hardship on the employer

Federal

Rehabilitation Act (1973) 29 U.S.C. § 701, et seq.

Protects qualified individuals with disabilities from unlawful discrimination in employment and requires Federal agencies and recipients of Federal funds to implement affirmative action plans to hire, place, and advance individuals with disabilities, and creates a private right of action against covered entities for discrimination on the basis of disability

Federal

Age Discrimination in Employment Act (ADEA) (1967) 29 U.S.C. § 621, et seq.

Prohibits discrimination in employment for persons 40 and over. Prohibits mandatory retirement ages in most circumstances

Federal

Pregnancy Discrimination Act (1978) 42 U.S.C. § 2001e(k)

Protects pregnant employees from being forced to resign or take a leave of absence

Federal

(Federal Contractors) Executive Orders 11246 (1965), 11375 (1967), 11478 (1969)

Prohibits federal contractors, with contracts valued at more than $10,000, from discrimination on the basis of race, color, religion, sex, or national origin. In addition, the federal contractor must develop a written affirmative action plan, based upon the stipulations of each Executive Order

Federal

(Federal Contractors) Vocational Rehabilitation Act (1971)

Prohibits federal contractors, with contracts valued at more than $10,000, from discriminating against people with physical or mental disabilities by requiring the contractor to take affirmative action in employing and advancing disabled individuals

Ohio

The Ohio Civil Rights Act R.C. Chapter 4112

Prohibits discrimination by Ohio employers on the basis of sex, race, color, age, disability, or religion

Ohio

Ohio Equal Pay Act R.C. § 4111.17

Prohibits wage discrimination based on sex, race, color, religion, ancestry, age or national origin for equal work

Ohio Common Law

Common law sexual harassment

Prohibits employers from knowingly permitting an environment of sexual harassment

Ohio Common Law

Intentional infliction of emotional distress

Ohio recognizes a claim for intentional infliction of emotional distress where conduct is extreme and outrageous and intended to cause, or recklessly causes, serious emotional harm. The conduct alleged must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community

Ohio Common Law

Public Policy prohibitions against discrimination, harassment and retaliation

Protects employees in workplaces with fewer than four 4 employees, where Federal or State discrimination statutes may not apply

Confidentiality

Federal

The Theft of Trade Secrets Clarification Act 18 USC § 1831, et seq.

Provides federal courts with jurisdiction over business trade secret misappropriation

Ohio

Ohio Uniform Trade Secrets Act R.C. § 1333.61, et seq.

Prohibits misappropriation of business trade secrets

Child Labor

Federal

Fair Labor Standards Act (FLSA) 29 U.S.C. § 212

Federal child labor laws apply to children under eighteen years of age, and provide that when they work, the work is safe, and does not jeopardize their health or educational opportunities

Ohio

R.C. Chapter 4109

Requires working papers for most minors, restricts hours that minors can work, and prohibits minors from engaging in certain types of work