U.S. Federal Laws Limiting Employment at Will

Below are landmark U.S. Federal acts that spawned laws which limit the Employment At-Will Doctrine and help to enforce good cause for termination. They protect workers from termination in retaliation for reporting violations of the laws themselves ("whistle blowing") or other types of discrimination.

In other words, if you are terminated specifically for any of the reasons protected by these laws, it's not likely to be good cause for termination and consequently, the Employment At-Will Doctrine won't apply. You might have grounds for wrongful termination or a related lawsuit, such as retaliation in violation of Federal law. For example, if you reasonably expect your employer to honor your right to receive overtime pay under the Fair Labor Standards Act, your employer cannot rightfully fire you for it.

The dates are for the original Acts (as best as Web research can determine) that enacted the laws, but most have been amended since. However, the links lead to the latest information at this writing. Your state might have laws in addition to or that modify the Federal laws below. Federal laws typically mandate only the minimum compliance for employers in all states, allowing individual states to enact their own, related labor laws.

Age Discrimination in Employment Act of 1967
Prohibits age discrimination against individuals who are at least forty, but less than sixty-five years old.

Americans with Disabilities Act of 1990
Title I and V prohibit discrimination against qualified individuals who have disabilities, because of their disabilities.

Bankruptcy Act of 1978
Under Section 525(b), an employer can't refuse to hire or deny you job promotion or reassignment, solely because of bankruptcy or the bad debts you had before you declared bankruptcy.

Civil Rights Act of 1964
Title VII prohibits discrimination in compensation, terms, conditions, or privileges of employment, because of race, color, religion, sex, or national origin.

Civil Rights Act of 1991
Amends the Civil Rights Act of 1964, to strengthen and improve Federal civil rights laws, provide monetary damages in cases of intentional discrimination, and for a variety of other reasons.

Civil Service Reform Act of 1978
Prohibits Federal employers from discriminating on the basis of race, color, national origin, religion, sex, age, disability, marital status, political affiliation and sexual orientation. It also prohibits reprisal against employees who exercise their appeal, complaint or grievance rights.

Consumer Credit Protection Act of 1968
Protects employees from termination for garnishment of wages for any one indebtedness.

Employee Polygraph Protection Act of 1988
Prohibits most private-sector employers from conducting lie detector tests, or using the results of a test conducted elsewhere for discharging or disciplining employees. Also prohibits discharging or disciplining employees for refusing to take lie detector tests.

Employee Retirement Income Security Act of 1974
Assures that private-sector employee retirement plans are established and maintained in a fair and financially-sound manner. Also prohibits employers from terminating employees to prevent them from attaining vested pension rights.

Fair Credit Reporting Act of 1999
Although employers in your state might have the right to terminate you based on your credit report, this Federal Act at least regulates how they must go about it fairly. If they don't, you might have legal recourse. See the article "Background Check: Credit Report" for more information.

Fair Labor Standards Act of 1938
Establishes minimum wage, maximum hours, overtime pay, equal pay and child-labor requirements. It also covers related employee vs. independent contractor issues, and protects workers from termination and other retaliation for exercising their rights under the Act.

Family and Medical Leave Act of 1993
Allows certain employees to take up to 12 weeks of unpaid leave per year, without losing their jobs or group health benefits during leave.

Immigration Reform and Control Act of 1986
Title 8 prohibits discrimination against any individual (other than an unauthorized alien), based on national origin or citizenship status.

Judiciary and Judicial Procedure Act of 1948
Prohibits employers from terminating, intimidating, or coercing permanent employees because of jury duty.

Labor Management Relations Act of 1947
Also known as the Taft-Hartley Act, it prohibits termination and retaliation for joining or forming a union, and for other union-related activities.

Mine Safety and Health Act of 1977
Section 815(c) protects employees from discharge and discrimination for reporting violations of the Act, refusing to engage in any action made unlawful by the Act, or participating in any proceedings under the Act.

Railroad Safety Act of 1970
Section 20109 protects employees from discharge and discrimination for reporting violations of the Act, refusing to engage in any action made unlawful by the Act, or participating in any proceedings under the Act.

Rehabilitation Act of 1973
Sections 501 and 505 prohibit discrimination against qualified individuals with disabilities who work in the Federal government.

Vietnam Era Veterans' Readjustment Assistance Act of 1974
Provides equal opportunity, affirmative action and protection from discrimination for Vietnam-era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition, for which a campaign badge has been authorized. Limited to employers with Federal contracts or subcontracts of $25,000 or more.

Whistle Blower Protection
The following Acts enforced by the U.S. Department of Labor have provisions to shield employees from retaliation, such as discharge, demotion, suspension and harassment, for reporting violations of the Acts, refusing to engage in any action made unlawful by the Acts, or participating in any proceedings under the Acts. But, to be protected, with few exceptions whistle blowers must report violations to the proper authorities (such as government or law enforcement agencies), not just inside their companies.

• Clean Air Act of 1970
• Comprehensive Environmental Response, Compensation and Liability Act of 1980
• Energy Reorganization Act of 1974
• Occupational Safety and Health Act of 1970
• Safe Drinking Water Act of 1974
• Sarbanes-Oxley Act of 2002
• Solid Waste Disposal Act of 1965
• Toxic Substance Control Act of 1970
• Water Pollution Control Act of 1972

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