Pregnancy Discrimination Act

The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, is a federal law prohibiting discrimination in the workplace based on pregnancy. While employers of more than 14 employees were prohibited from discrimination based on sex, the Pregnancy Discrimination Act added pregnancy and related conditions to the law. To explore this concept, consider […]

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The Occupational Safety and Health Administration

The Occupational Safety and Health Administration (“OSHA”) is a federal agency within the United States Department of Labor. OSHA was established under the Occupational Safety and Health Act enacted by President Richard Nixon in 1970. OSHA is responsible for insuring that workers are afforded a certain level of workplace safety through training, outreach, and education. Additionally, OSHA enforces the safety […]

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The Occupational Safety and Health Act

The primary federal law that governs health and safety practices in both governmental industries and the private sector, the Occupational Safety and Health Act works to ensure that all employers keep their employees safe in the workplace. Conditions dictated by the Act include, among other things, toxic chemicals, damaging noise levels, and excessive weather conditions. The Act is outlined in […]

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National Labor Relations Act

The National Labor Relations Act (“NLRA”), also referred to as the “Wagner Act,” is a law enacted by the federal government for the purpose of regulating labor and management practices. The primary goal of the Act is to protect the rights of private sector employees and to improve the inequality of bargaining power that exists between employees and employers. It […]

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National Labor Relations Board

The National Labor Relations Board, also known as the “NLRB,” is an agency within the United States government that is responsible for solving issues related to unfair labor practices. The agency also elects labor union representatives and ensures that industries follow the laws set by the National Labor Relations Act. To explore this concept, consider the following National Labor Relations […]

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Covenant Not to Compete

A term used in contract law, a “covenant not to compete” is an agreement in which an individual, usually an employee, agrees not to work for the other party’s competition in a specified geographical area for a specified length of time. Also referred to as a “non-compete clause,” or “non-compete agreement,” this type of legal agreement is commonly used in […]

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Collective Bargaining

Collective bargaining is the negotiation process that takes place between an employer and a group of employees when certain issues arise. The employees rely on a union member to represent them during the bargaining process, and the negotiations often relate to regulating such issues as working conditions, employee safety, training, wages, and layoffs. When an agreement is reached, the resulting […]

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Bona Fide Occupational Qualification

The concept of Bona Fide Occupational Qualifications (“BFOQ”) allows employers to hire individuals based on their age, sex, race, national origin, or religion, if these specific qualifications are considered essential to the job, or considered vital to the business’ operation. Hiring employees with BFOQs may be considered a valid defense to Title VII of the Civil Rights Act of 1964, […]

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Affirmative Action

Affirmative action refers to a set of procedures implemented for the purpose of eliminating discrimination in educational and employment opportunities. Amounting to “positive discrimination,” the policy creates favor toward members of disadvantaged groups believed to have suffered discrimination in society. Affirmative action is the result of President John F. Kennedy’s 1961 executive order requiring government employers and contractors to “take […]

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