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Federal & Ohio Employment Statutes

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Whistle Blowing

Federal

American Recovery and Reinvestment Act of 2009 (ARRA)

Prohibits private employers receiving federal funds from retaliating against employees who disclose to the Recovery Accountability and Transparency Board and specified others instances of gross waste, mismanagement of an agency contract or grant, or a substantial and specific danger to public health or safety, or violation of law involving an agency contract or grant

Federal

Asbestos Hazard Emergency Response Act (AHERA) 15 U.S.C. § 2651

Prohibits an employer from discharging or otherwise discriminating against an employee for providing information related to a potential violation of its provisions to any other person, including a state or the federal government

Federal

Clean Air Act (CAA) 42 U.S.C. Chapter 85A; 42 U.S.C. § 7622, et seq.

Prohibits an employer from retaliating against any employee because the employee institutes a proceeding under the CAA or assists or participates in such a proceeding

Federal

Comprehensive Environmental Response Compensation and Liability Act (CERCLA a/k/a Superfund) 42 U.S.C. § 9610

Prohibits an employer from retaliating against any employee for providing information to a state or the federal government or who institutes any proceeding under CERCLA or who testifies in a proceeding resulting from the administration or enforcement of CERCLA

Federal

Consumer Financial Protection Act (CFPA) 12 U.S.C. § 5567, et seq.

Prohibits employers engaged in providing consumer financial products or services from retaliating against a covered employee for providing information or filing any action relating to a violation of the CFPA or testifies or refuses to participate in any activity in violation of the CFPA

Federal

Consumer Product Safety Improvement Act (CPSIA) 15 U.S.C. § 2087, et seq.

Protects employees of manufacturers, private labelers, distributors, and retailers of consumer products who report to their employer, the federal government, or a state attorney general conduct that the employee reasonably believes violates a consumer product safety law.

Federal

Department of Defense Authorization Act of 1987 10 U.S.C. § 2409(a)

Prohibits defense contractors from retaliating against an employee for disclosing to a Member of Congress, an Inspector General (IG), and certain others evidence of gross mismanagement or a substantial and specific danger to public health or safety

Federal

Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 15 U.S.C. § 78u-6

Prohibits employers from retaliating against an individual for providing information related to a violation of the Securities Exchange Act to specified authorities

Federal

Energy Reorganization Act of 1974 (ERA) 42 U.S.C. § 5851

Prohibits an employer from retaliating against any employee reporting or refusing to engage in an alleged violation of the ERA or the Atomic Energy Act of 1954 (AEA)

Federal

FDA Food Safety Modernization Act (FDA Modernization Act) 21 U.S.C. § 399d

Prohibits retaliating against an employee for providing information relating to a violation of the Federal Food, Drug, and Cosmetic Act or objecting to or refusing to participate in a violation of the Act

Federal

Federal Mine Safety and Health Act (FMSHA) 21 U.S.C. § 399d(b)(4)(B); 30 U.S.C. § 815(c)(1)

Prohibits an employer from discharging an employee or applicant for filing a complaint or who is the subject of medical evaluations and potential transfer, or exercised any statutory right under the FMSHA

Federal

Federal Railroad Safety Act (FRSA) 30 U.S.C. § 815(c)(2); 30 U.S.C. § 816; 49 U.S.C. § 42121

Prohibits a railroad carrier and contractors from retaliating against an employee for providing information to a supervisor or specified government entities regarding violations of a federal law relating to railroad safety or security, or constituting gross fraud, waste, or abuse of a federal grant or other public funds intended to be used for railroad safety or security

Federal

Federal Water Pollution Control Act (Clean Water Act) 49 U.S.C. § 20109

Prohibits an employer from retaliating against an employee because the employee has testified, filed, instituted, or caused to be filed any proceeding under the Clean Water Act

Federal

International Safe Container Act (ISCA) 46 U.S.C. § 80507

Prohibits an employer from retaliating against an employee for reporting an unsafe container, a violation of the ISCA, or a regulation of the ISCA

Federal

Longshore and Harbor Workers' Compensation Act (LHWCA) 33 U.S.C. § 948a

Prohibits an employer from retaliating against an employee for claiming compensation from the employer or testifying in a proceeding under the statute

Federal

Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) 29 U.S.C. § 1855

Prohibits an employer from retaliating against any migrant or seasonal agricultural worker for filing a complaint or any proceeding under the statute's anti-retaliation provisions

Federal

Moving Ahead for Progress in the 21st Century Act (MAP-21) 49 U.S.C. § 30171

Prohibits a motor vehicle manufacturer, supplier, or dealership from retaliating against an employee proving the employer or the Secretary of Transportation information related to a motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement

Federal

Patient Protection and Affordable Care Act (ACA) 29 U.S.C. § 660(c)(2)

Prohibits retaliating against any employee for receiving a premium tax credit or cost-sharing subsidy under the ACA or objecting to or reporting to the employer, the federal government, or a state attorney general information related to any violation of any provision of Title 29 of the U.S. Code

Federal

Pipeline Safety Improvement Act (PSIA) 15 U.S.C. § 2087

Prohibits an owner, operator, or contractor of a pipeline facility from retaliating against an employee for reporting to the employer or the federal government information related to any violation of any federal law related to pipeline safety

Federal

Safe Drinking Water Act (SDWA) 42 U.S.C. § 300j-9

Prohibits an employer from retaliating against an employee filing any proceeding under the SDWA or testifying in a proceeding involving the administration or enforcement of the SDWA

Federal

Sarbanes-Oxley Act of 2002 (SOX) 18 U.S.C. § 1514A

Protects employees of publicly traded companies and their subsidiaries who report alleged mail, wire, bank, or securities fraud; violations of the SEC rules and regulations; or violation of federal laws related to fraud against shareholders

Federal

Seaman's Protection Act (SPA) 46 U.S.C. § 2114

Prohibits retaliation against a seaman for accurately reporting hours of duty or for reporting to the Coast Guard or another federal agency a violation of a maritime safety law or regulation, or a work-related personal injury or illness, or who has cooperated with a safety investigation by the Secretary or the National Transportation Safety Board (NTSB)

Federal

Solid Waste Disposal Act (SWDA) 42 U.S.C. § 6971

Prohibits an employer from retaliating against any employee instituting any proceeding under the SWDA or for testifying in any proceeding resulting from the administration or enforcement of the SWDA

Federal

Surface Mining Control and Reclamation Act (SMCRA) 30 U.S.C. § 1293

Prohibits an employer from retaliating against any employee because such employee has instituted any proceeding under the SMCRA or for testifying in any such proceeding

Federal

Surface Transportation Assistance Act (STAA) 49 U.S.C. § 31105

Protects employees in the trucking industry who refuse to violate regulations related to the safety of commercial motor vehicles or who report violations of those regulations

Federal

Title VII Retaliation 42 U.S.C. § 2000e-3

Protects employees from retaliation because they have opposed an unlawful practice based on race, color, religion, sex, or national origin, or because they have participated in an investigation, proceeding, or hearing pertaining to allegations of discrimination based on race, color, religion, sex, or national origin

Federal

Toxic Substances Control Act (TSCA) 15 U.S.C. § 2622

Prohibits an employer from retaliating against any employee because the employee has initiated a proceeding under the TSCA or testified or assisted in any action to carry out the purposes of the TSCA

Federal

Wendell H. Ford Aviation Investment and Reform Act of the 21st Century (AIR21) 49 U.S.C. § 42121

Prohibits an air carrier or contractor from retaliating against an employee for providing to the employer or the federal government information related to a violation or alleged violation of an order, regulation, or standard of the Federal Aviation Administration (FAA) or any other federal law involving air carrier safety or who has instituted a proceeding or assisted or participated in, or is about to assist or participate in such a proceeding

Federal

Whistleblower Protection Act (WPA) 5 U.S.C. § 1214

Provides protections for many federal employees who make disclosures concerning illegal or improper government activities.

Ohio

Whistleblower Protection Act R.C. § 4113.52

Prohibits retaliation against an employee who submits a written complaint to the employer concerning a felony or misdemeanor involving a risk to the public health or safety

Ohio

Workers Compensation Retaliation R.C. 4123.90

Prohibits employers from retaliating against employees for asserting workers’ compensation rights

Child Labor

Federal

Fair Labor Standards Act (FLSA) 29 U.S.C. § 212

Federal child labor laws apply to children under eighteen years of age, and provide that when they work, the work is safe, and does not jeopardize their health or educational opportunities

Ohio

R.C. Chapter 4109

Requires working papers for most minors, restricts hours that minors can work, and prohibits minors from engaging in certain types of work

Confidentiality

Federal

The Theft of Trade Secrets Clarification Act 18 USC § 1831, et seq.

Provides federal courts with jurisdiction over business trade secret misappropriation

Ohio

Ohio Uniform Trade Secrets Act R.C. § 1333.61, et seq.

Prohibits misappropriation of business trade secrets

Discrimination

Federal Military

Uniformed Services Employment and Re-employment Rights Act (1994) (USERRA) 38 U.S.C. § 4311

Prohibits discrimination against military service members because of past, current, or future military service. Protects military service workers‚ employment rights and benefits of employment.

Federal Military

(Federal Contractors) Vietnam-Era Veterans Readjustment Assistance Act (1974) 38 U.S.C. § 4212

Requires federal contractors, with contracts valued at more than $25,000, to take affirmative action in hiring and promoting of Vietnam-era veterans, certain 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. All job opportunities must be registered with local employment services.

Federal Sector Employees

Equal Pay Act (1963) 29 U.S.C. § 206

Prohibits wage discrimination on the basis of sex by requiring equal pay for equal work of the same skills, effort, and responsibilities.

Federal Sector Employees

29 C.F.R. § 1614, et. seq.

Federal sector employee EEOC discrimination counseling / complaint process

Federal

Title VII, Civil Rights Act (1964) (1991) 42 U.S.C. § 2001e, et seq.

Prohibits the discrimination in all terms and conditions of employment (including pay and benefits) on the basis of race, religion, ethnic group, sex, national origin, or disability

Federal

Title I, Americans with Disabilities Act (1990) 42 U.S.C. § 12101, et seq.

Protects qualified individuals with disabilities in the private and public sectors from unlawful discrimination in employment. Discrimination is prohibited if the individual can do the essential job functions. An employer must make reasonable accommodations for such individuals unless doing so would place an undue hardship on the employer

Federal

Rehabilitation Act (1973) 29 U.S.C. § 701, et seq.

Protects qualified individuals with disabilities from unlawful discrimination in employment and requires Federal agencies and recipients of Federal funds to implement affirmative action plans to hire, place, and advance individuals with disabilities, and creates a private right of action against covered entities for discrimination on the basis of disability

Federal

Age Discrimination in Employment Act (ADEA) (1967) 29 U.S.C. § 621, et seq.

Prohibits discrimination in employment for persons 40 and over. Prohibits mandatory retirement ages in most circumstances

Federal

Pregnancy Discrimination Act (1978) 42 U.S.C. § 2001e(k)

Protects pregnant employees from being forced to resign or take a leave of absence

Federal

(Federal Contractors) Executive Orders 11246 (1965), 11375 (1967), 11478 (1969)

Prohibits federal contractors, with contracts valued at more than $10,000, from discrimination on the basis of race, color, religion, sex, or national origin. In addition, the federal contractor must develop a written affirmative action plan, based upon the stipulations of each Executive Order

Federal

(Federal Contractors) Vocational Rehabilitation Act (1971)

Prohibits federal contractors, with contracts valued at more than $10,000, from discriminating against people with physical or mental disabilities by requiring the contractor to take affirmative action in employing and advancing disabled individuals

Ohio

The Ohio Civil Rights Act R.C. Chapter 4112

Prohibits discrimination by Ohio employers on the basis of sex, race, color, age, disability, or religion

Ohio

Ohio Equal Pay Act R.C. § 4111.17

Prohibits wage discrimination based on sex, race, color, religion, ancestry, age or national origin for equal work

Ohio Common Law

Common law sexual harassment

Prohibits employers from knowingly permitting an environment of sexual harassment

Ohio Common Law

Intentional infliction of emotional distress

Ohio recognizes a claim for intentional infliction of emotional distress where conduct is extreme and outrageous and intended to cause, or recklessly causes, serious emotional harm. The conduct alleged must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community

Ohio Common Law

Public Policy prohibitions against discrimination, harassment and retaliation

Protects employees in workplaces with fewer than four 4 employees, where Federal or State discrimination statutes may not apply