What Federal Anti-Discrimination Laws Are Available to Connecticut Employees?

Federal law prohibits employment discrimination on various grounds, ensuring protections for employees against unfair treatment based on race, color, national origin, religion, sex (including pregnancy and childbirth), disability, age (40 and older), citizenship status, and genetic information. This protection extends to: safeguarding against retaliation for filing a discrimination charge or engaging in a discrimination investigation; employment decisions founded on stereotypes or presumptions; and rejecting employment opportunities due to association with, or marriage to, someone of a particular race, religion, national origin, or disability. Key federal laws that forbid such discrimination in the workplace include, but are not limited to:

1. Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
2. The Equal Pay Act of 1963 (EPA), protecting men and women performing substantially equal work in the same establishment from sex-based wage discrimination;
3. The Age Discrimination in Employment Act of 1967 (ADEA), safeguarding individuals 40 years and older from discrimination;
4. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), prohibiting discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
5. Sections 501 and 505 of the Rehabilitation Act of 1973, protecting qualified individuals with disabilities working in the federal government;
6. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), prohibiting employment discrimination based on genetic information of an applicant, employee, or former employee;
7. The Civil Rights Act of 1991, which, among other provisions, allows for monetary damages in cases of intentional employment discrimination (Sec. 1977A, 42 U.S.C. 1981a);
8. The Family and Medical Leave Act of 1993 (FMLA), granting eligible employees up to 12 weeks of unpaid, job-protected leave per year and ensuring maintenance of group health benefits during the leave;
9. The National Labor Relations Act, which gives employees the right to self-organization, form, join or support labor organizations, and engage in collective bargaining or partake in other concerted activities for mutual aid or protection;
10. The Sarbanes Oxley Act, the Clean Air Act, the Toxic Substance Control Act, and the Water Pollution Control Act, serving as federal whistleblower statutes that guard employees revealing information about hazards or misconduct from employer retaliation.

These federal and state anti-discrimination laws render it illegal for employers or their agents to discriminate in any facet of employment, including but not limited to:

• Hiring and firing;
• Transfer, promotion, layoff, or recall;
• Compensation, assignment, or classification of employees;
• Recruitment and job advertising;
• Job testing and training programs;
• Use of company facilities;
• Fringe benefits;
• Retirement plans and leave; or
• Any other terms and conditions of employment.

The Equal Pay Act of 1963

The Equal Pay Act (EPA) mandates that men and women receive equal pay for equal work within the same establishment. While the jobs in question do not need to be identical, they must be substantially equal in terms of job content. The EPA stipulates that employers cannot pay unequal wages to men and women performing jobs requiring substantially equal skill, effort, and responsibility, under similar working conditions within the same establishment, as outlined in the statute. In cases of unequal pay due to sex, both employees should receive the higher rate of pay. Importantly, an employee's pay cannot be reduced due to an EPA claim. Employers may present "affirmative defenses" to EPA violations, covering pay differentials based on seniority, merit, quantity or quality of production, or factors unrelated to sex, and it falls on the employer to demonstrate the applicability of these defenses.

Sections 501 and 505 of the Rehabilitation Act of 1973

Section 501 of the Rehabilitation Act of 1973 prohibits employment discrimination based on disabilities within the federal sector. It also outlaws retaliating against individuals for filing discrimination complaints, charges, or participating in discrimination investigations or lawsuits. Furthermore, the law requires employers to reasonably accommodate the known physical or mental limitations of a qualified applicant or employee with a disability unless doing so would cause undue hardship to the business operations.

Section 505 ensures that the procedures and rights under Section 717 of the Civil Rights Act of 1964 are accessible concerning any complaint under Section 501 or 504. This applies to employees or applicants for employment aggrieved by the final resolution or lack of action on a complaint. When formulating an equitable or affirmative action remedy, courts may consider the cost feasibility of workplace accommodations and the availability of alternatives.

The National Labor Relations Act

The National Labor Relations Act (NLRA) grants employees the right to self-organize, form, join, or assist labor organizations, bargain collectively through chosen representatives, and engage in other concerted activities for mutual aid or protection. They also have the right to refrain from any such activities. Violations of the NLRA by employers or unions may lead to claims filed with the National Labor Relations Board. Employees protected by this statute, even absent a union campaign, may seek claims if disciplined for supporting their colleagues under the statute.

Unions have a Duty of Fair Representation (DFR) under the NLRA. If a union handles grievances arbitrarily, discriminatorily, or capriciously, employees may file unfair labor practice claims against both the union and employer with the NLRB. Lawsuits for DFR breaches may also be pursued in state or federal courts, but claims must be filed within six months of the violation.

Federal Whistleblower Statutes

Federal whistleblower statutes protect employees disclosing information on hazards or malpractice from employer retaliation. The Sarbanes Oxley Act protects employees of publicly traded companies exposing accounting fraud. The Clean Air Act safeguards workers reporting unlawful air pollution. The Toxic Substance Control Act protects those disclosing information on unlawful toxic substance, such as asbestos, pollution. The Water Pollution Control Act offers protections for employees reporting unlawful water pollution.

Contact Us

If you have any questions regarding the EPA, the Rehabilitation Act, the NLRA, or any of the federal whistleblower statutes protecting Connecticut employees, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.