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CRnlA. - - - - - ,.".",. wv"'~- - - - - ~-~- Workplace Law Reviewed CRWA 11th Annual Seminar Outline: Employment Law Studied at Annual Meet By: James L Stone I. INTRODUCflON The purpose of this pape~ is !o outline :-rarious laws which define employer s nghts, duties and obligations. Employment law is changing rapidly. For example, on November 21, 1991, President Bush signed the Civil Rights Act of 1991, and on July 26, 1992, the Americans with Dis..l.bilities Act becomes effective for employers with 25 or .more employees. A variety of employment-I~w bills ~re currently pending in the Colorado legISlature. SlJ1Ce employ- ment law is changing rapidly and because most employment problems are driven by W1ique facts, . you are cautioned to seek the assistance of employ- ment-law counsel when dealing with any employ- ment law problems. COMMON LAW A. Employment at Will Doctrine. In Colorado, employment is rebuttably pre- sumed to be at will. This means the employer or the employee may terminate the employ- ment relationship at any time ~or any ~eason with or without cause and With or Without notice. B. Exceptions. 1. Public policy 2. Implied contract. 3. Implied co\'enant of good faith and fair dealing. 4. Statutory. Ill. FEDERAL STATIJTES, A. TItle VII of the 1964 Civil Rights Act. Prohibits discrimination in employment on the basis of race. color, religion, sex, or na- tional origin. 1. Race. A primary purpose of the Civil Rights Act was to open employment opporturu- ties for blacks. Hm....'ever, the law protects all other races, including caucasians and native American Indians, as well as inter- racial associa tions. 2. National Origin. National origin refers to the country where a person was born or the country from which hi" or her ancestors came. II. 6 at Annual Meet 3. Sex, . Males and females are covered. Preg- nancyand sexual harassment are covered. Sexual preference is not covered. 4. Religion, Religion is not limited to orthodox de- nominations such as Baphst, Catholic or Jewish. All that is required is a sincere and meaningful belief similar to that of those admittedly covered. Atheists are protected. 5. Retaliation. Employers may not di5criminate a~ainst their employees who either parbclp~te in complaining about employment dIS- crimination or who oppose .unlawful en:a- ployment practices comnutted by theu employer. S. Age Discrimination in Employment A~ This law prohibits employers from dIS- criminating against any person over the age of 40. C. The Civil Rights Act of 1991. This law was signed by President Bush on November 21, 1991. It allows jury trials for certain TItle VII actions, enlarges some Title ~I e remedies including compensatory and pwu- ti\'e damages, expands the appli~a?on of the civil rights acts passed after the Civil War and "overrules" certain United States Supreme Court decisions disfavored by Congress. D. Americans with Disabilities Act. President Bush signed into law the Ameri- cans with Disabilities Act on July 26, 1990. Em- ployers with 25 or more employees are ~ubject to the provisions of the Act commenong on July 26, 1992. Employers with 15 or more em- ployees are subject to the Act commenang on July 26, 1994. This law prohibits discrimination against the disabled in all tenns and condlhons of employment. It applies only to qualified in- dividuals with a disability. A qualified person \\'ith a disability is a person who, with or with- out reasonable" accommodation, can perform essential functions of the job. E. The Rehabilitation Act of 1973, nus law only applies to government con- tractors. It pr.ohi,hi.ts di~imination. agau:st handicapped mdivlduals 1f'I connectIon With all terms and conditions of employment. . F. Fair Labor Standards Act. Minimwn wage $-1.25 effective April I, 1991. Time and a half for hours worked over 40 hours per week. (Cotltillued on Page 7)