What Federal statutory limitations are there on the employer’s rights in the “at will” setting?
Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”), 42 USC 2000e-3, prohibits discriminatory treatment on the basis of race, color, religion, sex, or national origin. The Americans with Disabilities Act (“ADA”), 42 USC 12112, prohibits discrimination in the work place based on disability. Disability is defined as “a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment”. The Age Discrimination and Employment Act, (“ADEA”), 29 USC 623 prohibits discrimination in the work place against employees who are forty (40) years of age or older. Under the Family and Medical Leave Act, (“FMLA”), 29 USC 2615, eligible employees make take up to twelve (12) weeks of leave per year in which to recover from a serious health condition, to care for a close family member with a serious health condition, or for the birth or adoption of a child. The Fair Labor Standards Act, (“F