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This blog is Part III of our continuing series on federal laws that are applicable to the issues of workplace harassment, discrimination, & retaliation in New York. Having exhausted the list of these laws in Part II of the series, we encourage you to stick with us as we switch gears to explore another crucial aspect of the federal law. Accordingly, as we promised in Part II, we are not now going to focus on individual liability standards and whether any of these federal laws have coverage (on both employees and employers).

For the record, this information was current as of March 26, 2021.

Diving into the matter of the day, all the federal laws that apply to workplace harassment, discrimination, & retaliation discussed in Part I and Part II of this series contain employer coverage, employee coverage, and/or individual liability standards. In order to enhance your understanding, we shall look into what entities must comply and who is covered for each law in the same order like we did in Part I and Part II.

Americans with Disabilities Act (ADA)

As provided for under Section 42 U.S.C. § 12111(7), the ADA applies to employment agencies that source employees for at least one covered employer, irrespective of whether it receives compensation or not. Further, as provided for under Section 42 U.S.C. § 12111(2), while it applies to “employers” in an industry where commerce is affected, the term employer includes employment agencies, labor organizations, private, local, and state governmental agencies. Accordingly, to be deemed a covered employer, an entity must have 15 or more employees for every working day in each of 20 or more weeks in the calendar year.

Title VII of the Civil Rights Act of 1964 (Title VII)

Before we get on to who is covered and who is not, it is crucial to understand something. Firstly, as defined in Title VII, the term employer does not apply to a corporation owned wholly by the American government, the United States, an Indian tribe, any agency or department of the District of Columbia subject by statute to the competitive service’s procedures, and a bona fide private membership club (any other expect a labor organization) that is taxation exempted. Secondly, as provided for under section 42 U.S.C. § 2000e-1(a), Title VII does not apply to a society, educational institution, association, or religious corporation with respect to the employment of individuals or a given region to perform work connected with the carrying-on by the society, educational institution, association, or religious corporation of its activities.

With that in mind, private employers, labor organizations, employment agencies, and state, local, and federal governments that have 15 or more employees for 20 or higher calendar weeks in the preceding or current calendar year are covered by Title VII, as provided for under Sections 42 U.S.C. § 2000e(b)–(d) and 42 U.S.C. § 2000e-16(a).

Pregnancy Discrimination Act (PDA)

Like Title VII, the PDA applies to public and private employers that have 15 or more employees for 20 or higher calendar weeks in the prior or current calendar year, as well as state, local, and federal government agencies, labor organizations, employment agencies that have at least 25 members or are operating or maintaining a hiring hall. However, while the term employer does not include a corporation owned wholly by the American government, the United States, an Indian tribe, any agency or department of the District of Columbia subject by statute to the competitive service’s procedures, and a bona fide private membership club (any other expect a labor organization) that is taxation exempted, the PDA does not apply to a society, educational institution, association, or religious corporation with respect to the employment of individuals or a given region to perform work connected with the carrying-on by the society, educational institution, association, or religious corporation of its activities.

Fair Labor Standards Act (FLSA)

Unlike other laws, all employers, irrespective of the size of employees, are covered under the anti-retaliation provision of the FLSA. As provided for under Section 29 U.S.C. § 203(d), the term “employer” is defined broadly such that individual supervisors and managers who act directly or indirectly in an employer’s interest where an employee is concerned are included. Accordingly, courts focus on whether the individual exercises substantial control over the employment relationship’s structure and nature.

Further, as provided for under Section 29 U.S.C. § 215 (a)(3), the FLSA’s anti-retaliation provisions are applicable to any “person”. In Section 29 U.S.C. § 203(a), a “person” is defined broadly such that an individual, any organized group of persons, legal representative, partnership, business trust, corporation, or association.

Age Discrimination in Employment Act (ADEA)

As provided for under Section 29 U.S.C. § 630(b), the ADEA applies to all private employers with 20 or more employees during any 20 weeks in either the current or preceding calendar year. However, regardless of the number of employees that an employment agency has, the ADEA extends to all employment agencies where employees are referred to employers for employment. Further, as provided for under Section 29 U.S.C. § 630(e), this federal law applies to all labor organizations that have at least 25 members or are operating or maintaining a hiring hall.

Additionally, although the list does not include the United States or a corporation that the United States’ federal government owns wholly, all local, state, or federal agencies are covered by the ADEA irrespective of the number of employees they have.

Equal Pay Act (EPA)

Like under the FLSA, Section 29 U.S.C. § 203(d) of the EPA defines an “employer” broadly to include any individual who acts directly or indirectly in an employer’s interest where an employee is concerned. Further, all employer “enterprises” that (1) have at least two employees, (2) have gross annual sales of $500,000 and above, and (3) have employees selling, handling, or otherwise working on materials or goods that have been produced or moved in for commerce, or employees engaged in the production or commerce goods or working in commerce.

It is also crucial to note that, regardless of the entity’s gross sales, all governmental agencies, business offering nursing or medical care, schools, and hospitals are covered under the EPA. However, under Section 29 C.F.R. § 1620.1(b), the law does not cover employers who have no employees and handling of goods or are engaged in commerce and the employer is not an enterprise engaged in the production of goods or taking part in commerce.

Stay tuned for Part IV is this series and, as usual, always be #UnusuallyMotivated! In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.