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What Laws Protect Employees?

A: Generally, the laws that protect an employee’s rights arise from three sources: (1) those contained in an employment contract; (2) those that arise under common law, sometimes referred to as “judge-made” law; and (3) statutory law, i.e., laws passed by a legislative body.

Contractual Rights
Very few employees have a written employment contract. However, if you have one, it should be the very first thing you consult in order to determine whether you have a cause of action for breach of contract. In addition, if you have ever received an employment manual, guide or handbook, statements made in these documents could similarly give rise to a breach of contract cause of action. Finally, even if you do not have a written employment contract, in very limited circumstances an oral employment contract can also provide you with a breach of contract cause of action.

Common Law
The common law, or “judge-made” law, is a body of law that American courts adopted from the English legal system. Common law causes of action are not set forth in a written constitution or act of legislature, but nevertheless are the ones alleged in most legal actions filed in the United States. The most common example is an action for negligence; this cause of action is typically alleged in personal injury or medical malpractice lawsuits.

In the employment context, there are some common law causes of action that may afford an employee protection. These include assault and battery, conspiracy, defamation, fraud, intentional or negligent infliction of emotional distress, negligent hiring and retention, and tortious interference with contractual relations (or anticipated contractual relations).

Statutory Laws
There are literally dozens of federal and state statutes that protect employees in the workplace. This list represents only a handful of the most commonly invoked labor and employment laws.

Federal Laws

Age Discrimination in Employment Act -- prohibits discrimination by employers on the basis of age.
Americans with Disabilities Act -- prohibits discrimination against otherwise qualified individuals with a disability.
Civil Rights Act of 1866 -- prohibits racial discrimination in the making and enforcing of contracts.
Conspiracy to Interfere with Civil Rights -- protects against conspiracies to deny equal protection of the laws.
Equal Pay Act -- prohibits pay discrimination based on sex.
Fair Labor Standards Act -- establishes standards respecting minimum wage, overtime and child labor.
Family and Medical Leave Act -- provides that certain employees are entitled to up to 12 weeks unpaid leave during a one year period for birth or adoption, or for serious health condition of the employee or immediate family member.
National Labor Relations Act -- protects employees’ right to organize unions and engage in collective bargaining.
Occupational and Safety Health Act -- requires employers to furnish a workplace that is complaint with OSHA health and safety standards, and prohibits discrimination against whistleblowers.
Rehabilitation Act -- prohibits discrimination against otherwise qualified individuals with a disability by federal employers or recipients of federal funding.
Title VII of the Civil Rights Act of 1964 -- prohibits discrimination in employment on the basis of race, color, sex (including on the basis of pregnancy), religion and national origin.

State Laws

Virginia Occupational Safety and Health Act – prohibits discrimination against employees for exercising rights under the Virginia OSHA statute.
Virginia Human Rights Act -- prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, disability, pregnancy, childbirth or related medical conditions in places of public accommodation, educational institutions, real estate and employment.
Virginians with Disabilities Act – prohibits discrimination against otherwise qualified individuals with a disability.