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Workplace Laws and Regulations
As you prepare for employment, or if you're currently employed, it's important to become familiar with and knowledgeable about federal and state workplace laws. In this section, let's look at the Americans with Disabilities Act (ADA) and other important laws relating to employment. Note: For each federal law listed below, accompanying Oregon and Washington state laws are also included, if an additional state law exists.
Contents
Other Oregon State Laws:
Other Washington State Laws:
The five Titles of the ADA are included below as all affect employment in a direct or indirect way! ADA Contents
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ADA Title I - Employment
Who it covers:
What it does:
Who enforces: The U.S. Equal Employment Opportunities Commission (EEOC)
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ADA Title II - Public Services
Who it covers:
What it does:
Who enforces: The U.S. Department of Justice
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ADA Title III - Public Accommodations and
Services
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Private businesses and service providers, such as
restaurants, hotels, medical |
Who is exempt:
|
Private clubs and religious organizations. |
|
Private businesses or service providers that can demonstrate
auxiliary aids or |
For
example, restaurants would not be required to provide brailled menus,
nor stores brailled
price tags, as long as personnel are available to read
items upon
request. Retail and grocery stores would not be required to
lower shelves as
long as personnel are available to assist.
What it does:
|
Prohibits private businesses and service providers from
discriminating against, |
|
Addresses accessibility in existing and newly constructed or
remodeled public |
New
Construction: Places of public accommodation, as well as
commercial
facilities
(including office buildings), must be physically accessible.
See The Access Board web site for accessibility guidelines and standards.
Existing Buildings: If removal of a physical barrier is
readily achievable,
or can be
accomplished without significant difficulty or expense, it must be
done.
Examples might include ramping entrance steps, widening rack aisles
to permit
wheelchair access, and providing designated disabled parking
spaces in
close proximity to the building.
However, a business or service provider would not be required to rework
its
facilities to install an elevator, for example, unless the installation is
readily
achievable.
See The Access Board web site for
accessibility guidelines and standards.
|
Addresses accessibility in public transportation, such as
buses and vans, |
Who enforces: The U.S. Department of Justice
The U.S. Department of
Transportation - Office of Civil Rights
(Public Transportation Provision)
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Who it covers:
|
Telephone companies |
|
Federally funded public service announcements for television |
What it does:
|
Requires telephone companies to offer 24-hour telephone
relay services |
|
Addresses closed captioning of public service announcements. |
Who enforces: The Federal Communications Commission
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Title V has a number of miscellaneous provisions, but the following one is worth noting.
Who it covers:
|
Employers |
What it does:
|
Prohibits threats, intimidation and retaliation against
individuals who exercise |
Who enforces: The U.S. Equal Employment Opportunities Commission (EEOC)
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Complete Text of the ADA of 1990 - Access Board
A Guide to Disability Rights Laws - U.S. Department of Justice
ADA: A Guide for People with Disabilities Seeking Employment - U.S. Department of Justice
ADA Information Line - U.S. Department of Justice
Regional Disability and Business ADA Technical Assistance Centers
ADA Links - Job Accommodation Network (JAN)
ADA Home Page - U.S. Department of Justice
How to File an ADA Complaint - U.S. Department of Justice
The ADA: Your Employment Rights as an Individual with a Disability - EEOC
The Americans with Disabilities Act of 1990, Titles I and V - EEOC
Title IV of the Americans with Disabilities Act - Telecommunications - FCC
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Glossary Contents:
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________________________________________
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Physical or mental impairment: |
Under
ADA, any
physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or
more of a variety of body systems. It is also
a mental or psychological disorder.
Examples
include: vision, hearing, speech, and orthopedic impairments;
cerebral palsy;
chronic heart condition; epilepsy; muscular dystrophy;
multiple
sclerosis; HIV or
AIDS; cancer; heart disease; diabetes; mental
retardation;
emotional illness;
or specific learning disabilities.
A history
of drug and alcohol addiction is also protected under ADA, but not
if a person is currently
using drugs illegally.
|
Major life activity: |
Basic
life functions such as walking, seeing, hearing, speaking, breathing,
caring for oneself,
learning, performing manual tasks, working, sitting,
standing, lifting,
and reaching.
|
Substantially limits (a major life activity): |
To
determine if an impairment substantially limits a major life activity, three
things are
considered:
1. the nature and severity of the impairment;
2. the duration (how long) a disability is expected to last;
and
3. the long-term result or impact of the impairment.
|
Has a record of impairment: |
This means an individual has a history of having a disability -- or has been
classified (or
misclassified) as having a disability. Under ADA, a person
must have a record
of an impairment that substantially limits a major life activity.
|
Regarded as having an impairment: |
This part of the disability definition pertains to the employer's perception of
the
employee. For
example, maybe an employee doesn't have an impairment that
substantially
limits a major life activity, but the employer treats the employee
like he or she has
an impairment.
Let's say, for example, an employee has controlled high blood pressure that
doesn't affect a
major life activity, but the employer restricts the employee
from doing
strenuous job tasks.
"Regarded as having an impairment" can also pertain to attitudes of
others.
Let's say a person
has a body or facial disfigurement. Although the person
doesn't have an
impairment that limits a major life activity for him or her in
any way, the
employer views the disfigurement as an impairment and refuses
to consider the
person for the job. Another example would be an employer who
suspects an
applicant has AIDS and refuses to hire the person.
|
Qualified person with a disability: |
This means the person must have and meet the necessary qualifications
and requirements
for the job, such as education, training, licensure,
experience, and so
on. Also, the person must be able to perform the
"essential
functions" (duties) of the job with or without reasonable
accommodation.
|
Essential functions: |
"Essential
functions" are the fundamental job duties of the position.
Often
the fundamental job
duties are listed in a position's job description.
A job function may be considered essential if:
|
the job position exists to perform that function; |
|
the job function can only be performed and distributed |
|
the applicant is hired for his or her expertise or
ability |
|
the consequences of not performing the function are |
| Reasonable accommodation: |
A "reasonable accommodation" is:
|
a modification or adjustment to a job application or
testing |
|
modifications or adjustments to the work environment or |
|
modifications or adjustments that enable an employee
with |
|
Reasonable (accommodation): |
"Reasonable"
means that the accommodation is effective, and it allows
the employee to attain an
equal level of achievement, opportunity, and
participation as others
in the same position.
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The Rehabilitation Act of 1973 |
Sections 501, 503, and 504 of the Rehabilitation Act of 1973 will be described below.
Who it covers:
|
Section 501 - Federal government
agency employers. |
|
Section 503 - Private sector
employers and state and local government |
| Section 504 - Private sector
employers and state and local government |
What it does:
|
Section 501 - Protects applicants
and employees with disabilities from |
|
Section 503 - Protects applicants
and employees with disabilities from |
|
Section 504 - Protects applicants
and employees with disabilities in |
Section 504 states: No otherwise qualified individual with
a disability in the United States shall, solely by reason of his
or her disability, be excluded from the participation in, be
denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance
or under any program or activity conducted by any Executive
agency or by the United States Postal Service.
Who enforces:
Section 501 - The Equal Employment Opportunity Personnel at the agency
Section 503 - The U.S. Department of Labor,
Office of Federal Contract Compliance
Programs
Section 504 - The Funding Agency
For more information, visit the following web site: The Rehabilitation Act of 1973 (JAN)
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The Fair Labor Standards Act |
Who it covers:
|
Employers with annual sales of $500,000 or more, or who are
engaged in |
Who is exempt:
|
Small farms; |
|
Salaried executives, administrators, and professionals under certain guidelines; |
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Commissioned salespeople; |
|
Domestic workers - if paid less than a certain amount per
year from a single |
|
Apprentices and other miscellaneous workers (small
newspapers, seasonal |
What it does:
|
Defines the 40-hour work week; |
|
Specifies the federal minimum wage; |
|
Provides piece rate and commission guidelines; |
|
Sets requirements for overtime; |
|
Restricts child labor; |
|
Requires pay equality; |
|
Sets standards for compensatory (comp) time |
Who enforces: The U.S. Department of Labor
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The Occupational Safety and Health Act (OSHA) |
Who it covers:
|
Nearly all private employers |
Who is exempt:
|
State and local governments |
|
Family-owned and operated farms |
What it does:
|
Enforces workplace safety; |
|
Promotes safety research; |
|
Requires employers to inform employees of possible hazards,
train employees |
Who enforces: The U.S. Department of Labor
Special note: Many states have enacted state OSHA laws similar to the federal law. Oregon and Washington state laws prohibit employers from firing employees who report safety or health violations in the workplace.
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The Civil Rights Act - Title VII |
Who it covers:
|
Companies and labor unions with 15 or more employees; |
|
Employment agencies |
|
State and local governments; |
|
Apprenticeship programs |
Who is exempt:
|
Federal government employees; |
|
Independent contractors |
What it does:
|
Prohibits employers from discriminating based on race,
color, gender, religion, |
Who enforces: The Equal Employment Opportunity Commission (EEOC)
Special note: Most states have additional state laws prohibiting discrimination in employment.
|
Oregon law also includes protection related to
marital status, age (if age 18 |
Who
enforces: Oregon's Bureau of Labor and Industry - Civil Rights
Division
In Portland, call (503) 731-4075.
|
Washington law also includes protection related to
age if between 40 and 70, |
Who
enforces: Human Rights Commission (Seattle)
Call (206) 464-6500.
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The Equal Pay Act |
Who it covers:
|
Employees covered by the Fair Labor Standards Act |
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Professional employees, executives, and managers |
Who is exempt:
|
Employees not covered by the Fair Labor Standards Act |
What it does:
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Requires employers to pay all employees equally for equal work, regardless of gender. |
Who enforces:
|
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The Age Discrimination in Employment Act |
Who it covers:
|
Employees age 40 and older; |
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Employers with 20 or more employees; |
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Employees of labor unions; |
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Local and federal government employees. |
Who is exempt:
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State governments |
What it does:
|
Prohibits age discrimination in hiring, discharges,
lay-offs, promotion, wages, |
Who enforces: The Equal Employment Opportunity Commission (EEOC)
Special note: Most states have laws against
age discrimination in employment,
including Oregon and Washington.
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The Civil Rights Act - Sexual Harassment |
Who it covers:
|
Employers with 15 or more employees; |
|
Employees of all public and private employers, including labor unions. |
Who is exempt:
|
Employers with fewer than 15 employees. |
What it does:
|
Prohibits sexual harassment and behavior in the workplace
that causes an |
Who enforces: The Equal Employment Opportunity Commission (EEOC)
Special note: Some states, including Oregon
and Washington, have passed state
laws making sexual harassment illegal.
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Family and Medical Leave |
Who it covers:
|
Public and private employers with 50 or more employees; |
|
Employees who have been employed at the same workplace for one year or more; |
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Employees who have worked at least 1,250 hours during the year prior to the leave. |
Who is exempt:
The law allows companies to exempt the following employees, if necessary, should a leave cause a substantial hardship:
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The highest paid 10% of employees (most often executives and managers); |
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Teachers and instructors during a teaching period (like a quarter or semester); |
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Two spouses employed by the same employer -- the two spouses
are entitled |
What it does:
|
Allows eligible employees to take an unpaid leave from work
up to 12 weeks |
|
Key features: |
- Employers must grant a leave request to eligible employees;
- Employers must allow the employee to return to the same or
similar position upon return to work following the leave;- Employers must continue current benefits, including health
insurance premium coverage, during the leave - except for the
accrual of pension and seniority benefits.
Enforcing agency: The U.S. Department of Labor
For further information, visit the web site: Family and Medical Act Links (JAN)
Additional Oregon State Law:
In addition to the federal Family and Medical Leave Law described above, Oregon has enacted the following Family and Medical Leave state laws.
Note: Employees can seek benefits from either the federal Family and Medical Leave Act or the state law - whichever law offers the greatest benefit.
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Oregon Rev. Stat. §659.470 to 494 |
Employers with 25 or more employees must grant up to 12 weeks of leave
per year to employees who have worked for at least 180 days immediately
before the leave.
Leave is permitted to care for: an infant, newly adopted or placed child
under 18, a family member with a serious health condition, or a sick child.
Women may take an additional 12 weeks for any condition or disability
related to childbirth or pregnancy. Employers may require 30 days of notice
as well as an explanation and medical certification of leave.Employers must be restored to their original positions even if the employer
has filled the positions while they were on leave; if a position no longer
exists, an employee must be given an equivalent position either at the
original jobsite or at one with 20 miles.
|
Oregon Rev. Stat. §659.358 |
Employees may take up to 40 hours of leave for a bone marrow donation
procedure.
Additional Washington State Law:
In addition to the federal Family and Medical Leave law described above, Washington has enacted the following Family and Medical Leave state laws.
Note: Employees can seek benefits from either the federal Family and Medical Leave Act or the state law - whichever law offers the greatest benefit.
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Wash. Rev. Code §49.78.010 |
Employers with 100 or more employees, including political subdivisions of
the state, and the state, must grant up to 12 weeks of unpaid leave during
any two-year period in connection with the birth or adoption of a child or to
care for a child under the age of 18 who is terminally ill. The employee
must provide the employer with at least 30 days of advance notice in most
situations. Employees who take such leave must be restored to their
original or equivalent jobs. If circumstances have changed to the point
that no equivalent job is available, the employee must be given any vacant
job for which he or she is qualified. An employer may limit or deny family
leave to either the highest paid 10% of the employees or 10% designated
as key personnel.
|
Wash. Rev. Code §49.12.270 |
Employees may use sick leave to care for a sick child.
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Wash. Rev. Code §§49.12.350 and .360 |
Employers who provide parental leave to employees to care for a biological
newborn child must provide the same leave to adoptive parents and
stepparents of children under the age of six - and to men as well as women.
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Other Oregon State Laws |
In addition to the federal laws, each state may have additional laws and regulations. Below are work-related regulations that apply specifically to Oregon.
The Oregon Bureau of Labor and Industry is the enforcing agency.
Meal and Rest Breaks:
Or. Admin. Rules §839-020-050
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Meal: 30 minutes for each work period of
between 6 and 8 hours within the |
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Rest: 10 minutes for every four hours worked. |
Minimum Wage: $6.50 an hour - Or. Rev. Stat. §653.025
Jury Duty: Or. Rev. Stat. §10.090
Employees may not be fired for taking time off to serve on a jury.
Retaliation: Or. Rev. Stat. §652.355
Employers cannot fire employees because of filing a wage claim. Penalties
include actual damages not less than $200, but not reinstatement.
Wage Garnishments:
Or. Rev. Stat.§23.363 (3) (A)
Employees may not be fired for having wages garnished.
Or. Rev. Stat. §25.363. (3) (A)
An employer may not fire or discriminate against an employee
or refuse an individual employment because of an order to
withhold wages for child support. Employers who violate the
law may be liable for compensatory damages and a fine up
to $1,000.
Other Washington State Laws |
In addition to federal laws, each state may have additional laws and regulations. Below are work-related regulations that apply specifically to Washington state.
The Washington Employment Security Division is the enforcing agency.
Meal and Rest Breaks:
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Wash. Admin. Code 296-126-092 |
Meal: 30 minutes per 5-hour work period.
Rest: 10 minutes per 4-hour work period unless the nature of
the work allows the employee to take intermittent rest breaks
equivalent to 10 minutes per four hours.
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Minimum Wage: $6.90 an hour - Wash. Rev. Code Ann. §49.46.020
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Jury Duty:
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Wash. Rev. Code Ann. §2.36.165 |
Employers must give employees leave to serve as jurors.
Penalty: A violation of this law is a misdemeanor and employees
may sue for reinstatement.
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Retaliation:
|
Wash. Rev. Code Ann. §49.46.100 (2) |
An employer who discharges or discriminates against an
employee who files a complaint, institutes a proceeding, or has
testified or is about to testify before a wage board is guilty
of a gross misdemeanor.
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Wage Garnishments:
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Wash. Rev. Code Ann. §6.27.170 |
Employees may not be fired for having wages garnished,
unless the employee has three or more on separate debts
within a year.
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Wash. Rev. Code Ann. §26.18.110 (8) and §74.20A.230 |
No employer may discharge or discriminate against an
employee, or refuse to hire an applicant, because of an
assignment of earnings for child support. Violations of
the statute subject the employer to double the amount of
lost wages, damages, costs, and attorney fees and a
civil penalty of not more than $2,500 per violation, plus
court orders to rehire, reinstate, or to hire.
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