There are different criteria used to determine whether a particular employer is subject to federal anti-discrimination laws. One of those criteria is the number of employees an employer has. The Age Discrimination in Employment Act (ADEA), for instance, applies only to employers with 20 or more employees who have worked for the employer for at least 20 calendar weeks in the past 12 months. The Family and Medical Leave Act (FMLA) only applies to employers with 50 or more employees, but those employees must work within a 75-mile radius.
Determining employer coverage
While an employer must employ a certain number of individuals in order to be subject to federal anti-discrimination laws, the required number depends on the type of employer and the type of discrimination. The requirements for private companies differ from those imposed on government agencies, employment agencies or labor unions. Furthermore, the different discrimination statutes which protect against different forms of discrimination have their own specific requirements.
Statutory coverage requirements for employers
Title VII covers private businesses with 15 or more employees who have worked for at least 20 calendar weeks in this year or the prior year. The same is true for state or local government agencies. All labor organizations that have at least 15 members or operate a hiring hall are covered.
The ADEA covers private businesses with 20 or more employees. However, with state and government agencies, those employers are covered regardless of how many employees it has. This statute applies to all labor organizations that operate a hiring hall or have at least 25 members.
The Equal Pay Act covers essentially all employers, including state and local government agencies and labor organizations.
All federal agencies are covered by the laws enforced by EEOC. Employment agencies, including temporary staffing agencies or recruitment companies, are covered by all anti-discrimination laws enforced by the EEOC, as long as they regularly refer employees to employers.
Determining coverage can be tricky
If you have questions about whether your employer is covered by any of the various federal anti-discrimination statutes, you can contact your local EEOC field office for assistance in making that determination. It is important to remember that there are many states that have similar anti-discrimination laws that could apply to your particular case. If you have questions, our experienced employment discrimination attorneys can also help you determine whether your employer is covered, as well as whether you have a potential employment discrimination claim.
Don’t delay in bringing your claims
If you believe you may have been discriminated against at your job, it is vital that you discuss your situation with an attorney as soon as possible. Practically every type of legal claim has a time limit in which you must file that claim or else you are barred from doing so. Federal employment discrimination claims have time limits that vary depending on several factors.
If you feel you have been the victim of discrimination or retaliation in the workplace, or if you have any other questions regarding your employment rights, please contact the experienced employment law attorneys at Wrady & Michel, LLC. You can contact us either online or by calling us at (205) 265-1880. We are here to serve you!