Application of Selected Federal Employment and Civil Rights Laws to Religious Organizations

Statute Main Provisions Covered Employers Title VII of 1964 Civil Rights Act bars discrimination in

StatuteMain ProvisionsCovered Employers
Title VII of 1964 Civil Rights Act bars discrimination in employment decisions on the basis of race, color, national origin, sex, or religion • 15 or more employees + interstate commerce
• religious employers can discriminate on the basis of religion
Age Discrimination in Employment Act bars discrimination in employment decisions on the basis of age (if 40 or over) 20 or more employees + interstate commerce
Americans with Disabilities Act bars discrimination against a qualified individual with a disability who can perform essential job functions with or without reasonable employer accommodation (that does not impose undue hardship) • 15 or more employees + interstate commerce
• religious employers can discriminate on the basis of religion
Employee Polygraph Protection Act employers cannot require, request, suggest, or cause any employee or applicant to take a polygraph exam interstate commerce (no minimum number of employees)
Immigration Reform and Control Act I-9 form must be completed by all new employees demonstrating identity and eligibility to work all employers
Fair Labor Standards Act requires minimum wage and overtime pay to be paid to employees employers who employ employees who are engaged in commerce or in the production of goods for commerce, as well as any employee "employed in an enterprise engaged in commerce or in the production of goods for commerce"
Family and Medical Leave Act of 1993 eligible employees qualify for up to 12 weeks unpaid leave per year because of (1) birth or adoption of child, including care for such child, or (2) caring for spouse, child, or parent with a serious health condition, or (3) the employee's serious health condition 50 or more employees + interstate commerce
Occupational Safety and Health Act mandates a safe and healthy workplace for covered employees an organization "engaged in a business affecting commerce who has employees"
Older Workers Benefit Protection Act of 1991 bars employees at least 40 years old from "waiving" their rights under age discrimination law unless the waiver meets strict legal standards 20 or more employees + interstate commerce

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