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Employment Law and Your Career

Laws That Protect You at Work, When Job Hunting and If You Lose Your Job

By , About.com Guide

Wouldn't it be nice if every employer had each of his or her worker's best interests at heart? Yes, it would be nice, but unfortunately it's not always the case. That is why there are laws that protect you at work, when you are job hunting and if you lose your job. Here are some Federal employment laws. If the state in which you work has enacted a law that is stricter than a Federal law it takes precedence.

1. Title VII of the Civil Rights Act of 1964

It is illegal for an employer to discriminate against a job candidate because of the candidate's race, color, religion, sex or national origin. He or she also can't fire or not promote an employee, decide how to compensate him or her or determine conditions or terms of employment based on this information.

2. Age Discrimination in Employment Act of 1967

This law prohibits an employer from making hiring decisions or in any other way discriminating against an employee on the basis of the employee's age. It protects those who are 40 years of age or older.

3. Equal Pay Act of 1963

This law insures "equal pay for equal work." Employers must give equal wages to men and women doing the same work in the same establishment.

4. Fair Labor Standards Act (FLSA)

The FLSA sets the rules for minimum wage and overtime pay as well as for record keeping and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

5. Americans With Disabilities Act of 1990 (ADA), Title I

Employers of more than 15 people must make reasonable accommodations that allow a qualified job applicant with a disability to complete the application process or a disabled employee to carry out the duties of his or her job.

6. Pregnancy Discrimination Act of 1978

This act, an amendment to Title VII of the Civil Rights Act of 1967, makes it illegal for an employer to discriminate against a woman because of pregnancy, childbirth or related medical conditions.

7. Family and Medical Leave Act of 1993(FMLA)

The FMLA allows you to take off up to 12 weeks in a 12 month period if you have a serious illness or if you must care for a newborn or newly adopted child or for your sick child, parent or spouse. Your time off will be unpaid but your boss must give you your job back or give you one with equal pay when you return to work. Your employer must also keep your health insurance active while you are on leave. If you work for a company that has more than 50 employees you are likely covered by the FMLA.

8. Consolidated Omnibus Budget Reconciliation Act (COBRA)

COBRA gives you the right to hold onto your group health insurance benefits if you quit or lose your job. You will have to pay for those benefits, but paying for insurance at the group rate is a lot cheaper than buying an individual policy. COBRA coverage lasts only for a limited amount of time.

9. Health Insurance Portability and Accountability Act (HIPAA), Title I

Title I of HIPAA protects your rights to health insurance coverage when you change jobs or lose a job. For example, a new health insurance carrier can't deny you health insurance coverage because of a pre-existing condition. If you lose your job, and your spouse and dependents are covered under your health insurance plan, your spouse's insurance company, may be required to provide special enrollment for all of you.

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