laws every HR person should know
Hello my friends!!
I’m back from PTO and feeling energized and like a real human again. A few days in the sun and I’m revived.
Fun fact: President’s Day is one of my favorite government holidays. Why??? Well, my birthday is the 19th and President’s Day always falls on the Monday of my birthday week, meaning I always have a 4-day work week!!!!
On the note of birthdays, I have some prezzies for you so we can all celebrate:
🎉 A happy hour at Transform!! Yes, I’ll be in Vegas next month for the conference!!! Wanna hang out IRL??? Request a spot here, and hopefully, we can make it happen! Can’t wait to see you!
🎧 The newest ep of the I Hate it Here pod dropped, featuring multiple leaders talking about what HR needs to rethink. This episode gave me a lotttt to think about.
Now onto today’s special edition!! This is my FOURTH year writing this send - it’s laws every HR person should know. The list is vast, but every year I highlight 3.
Catch up on Vol 1, Vol 2 and Vol 3. Now onto Vol. 4...
SPECIAL EDITION
Age Discrimination in Employment Act of 1967 (ADEA)Copy anchor linkCopied
President at the time: Lyndon B. Johnson
Year: 1967
The situation: In the 1960s age discrimination was widely overlooked but older workers were facing discrimination in hiring and employment. Job ads specified age limits and older workers were being pushed in favor of younger talent. There were no legal protections for experienced workers.
This act was passed as part of President Johnson's broader civil rights agenda, following the momentum of the Civil Rights Act of 1964.
The impact: The ADEA protects workers age 40 and older from discrimination in:
- Hiring and firing decisions
- Promotion and compensation
- Job assignments and training opportunities
- Benefits and retirement plans
- Layoff decisions
The law applies to employers with 20 or more employees and also covers employment agencies and labor organizations.
📣 Important note: The ADEA also made mandatory retirement illegal in most professions (with some exceptions like safety-sensitive jobs, ex: airline pilots).
BTW: Age discrimination claims continue to rise, especially during economic downturns when companies conduct mass layoffs. In 2024/2025 the EEOC saw a rise in age discrimination claims. per year.
The bottom line: Despite this protection, ageism remains a persistent issue in many industries, particularly in tech.
HR teams should regularly audit their hiring practices, job descriptions, and promotion decisions to ensure age isn't a factor.
Pregnancy Discrimination Act of 1978Copy anchor linkCopied
President at the time: Jimmy Carter
Year: 1978
The situation: Throughout the 1970s, women were entering the workforce in record numbers. WOOOO!! However, pregnancy was still treated as a valid reason to fire, demote, or refuse to hire women. BOOO!
In 1976, the Supreme Court ruled in General Electric Co. v. Gilbert that pregnancy discrimination wasn't sex discrimination under Title VII.
BTW: this is after lower courts ruled that it did violate Title VII… So, naturally, the Super Court ruling was viewed as highly controversial, and the campaign to protect pregnant workers immediately started.
Enter the Pregnancy Discrimination Act.
This act was passed to amend Title VII of the Civil Rights Act and explicitly protect pregnant workers.
The impact: The PDA made it illegal to discriminate against employees based on:
- Pregnancy
- Childbirth
- Related medical conditions
Under the PDA, employers must treat pregnancy the same way they treat other temporary medical conditions. If you offer light duty to someone with a back injury, you must offer it to a pregnant employee who needs it.
Key protections include:
- Cannot fire or refuse to hire someone because they're pregnant
- Must provide the same benefits and accommodations as for other medical conditions
- Cannot force pregnant employees to take leave if they're able to work
- Must hold their job open for the same amount of time as for other medical leaves
Important development: In 2022, the Pregnant Workers Fairness Act was passed, which went even further by requiring reasonable accommodations for pregnancy-related limitations (separate from the ADA). This took effect in 2023.
BTW: Despite these protections, pregnancy discrimination cases remain common. Many involve subtle forms of bias, like being passed over for promotions or projects after announcing a pregnancy.
Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985Copy anchor linkCopied
President at the time: Ronald Reagan
Year: 1985 (health provisions took effect in 1986)
The situation: In the 1980s, most Americans received health insurance through their employer. Losing your job meant immediately losing health coverage for you and your family Often at the worst possible time... People faced impossible choices between paying rent and paying for critical medications or treatments.
Something that is still very common today, as we have witnessed record-breaking layoffs the last 2 years.
While this massive budget bill covered many areas, the health insurance continuation provisions became known simply as "COBRA."
The impact: COBRA requires employers with 20 or more employees to offer continued health insurance coverage to employees (and their families) who lose coverage due to:
- Job loss (voluntary or involuntary, except gross misconduct)
- Reduction in work hours
- Divorce or legal separation
- Death of the covered employee
- Loss of dependent child status
How it works: Coverage can continue for 18-36 months depending on the qualifying event. Employee pays the full premium (employer's share + employee's share) plus up to a 2% administrative fee. The coverage must be identical to what active employees receive!
The reality check: While COBRA provides a safety net, it's often prohibitively expensive since workers pay the full premium. The average COBRA premium for family coverage can exceed $1,800/month. Many laid-off workers simply can't afford it.
BTW: Some states have "Mini-COBRA" laws that apply to smaller employers (under 20 employees). The Affordable Care Act also created marketplace options that are often more affordable than COBRA.
Pro-tip: Make sure your COBRA administration is airtight. The notification requirements are strict, and violations can result in serious penalties. This is a great place to use a vendor to handle your COBRA admin!
(HUMAN) RESOURCES
- Jobs report highlights growth in some areas
- Nurses strike in NYC update - one group is still on strike
- Aon’s latest article breaks down how pay transparency laws are forcing companies to rethink their approach to rewarding talent*
- The 72 hour work week? Ummm what???
*This one is brought to you by one of my amazing brand partners
WORK-LIFE BALANCE
- 📚 What I’m reading: Two Can Play by Ali Hazlewood. You know how I feel about Ali Hazlewood!!! She is an immediate buy author, she can do no wrong in my eyes. She writes it, i’ll read it.
- 📺 What I’m watching: Love is Blind. S10 premiered this week and I COULDN’T look away. I have been watching LIB since season 1. I was such a Lauren and Cameron fan!!! They just had a baby!! Okay, anyways this season felt like less of a trainwreck then we got to Mexico and I was like oh dramaaaaa.
- 📱 What I’m popping off in the group text about: BDAY PLANS obvi. I’m looking forward to seeing my fam & friends over the next few weeks for some fun birthday celebrations. Aging is such a privilege, grateful for every day I get.
SONG OF THE WEEK
🎧 Dancing on the Wall, Muna Copy anchor linkCopied
ONE OF MY FAVE BANDS IS BACK WITH NEW MUSIC AND NEW SHOWS AND YA GIRL IS READY!!!!
Sry for screaming but I consider myself a day 1 Muna fan. Saw them at a venue with 50ish people in 2017 and I have been enamored with them for so so so long.
Not only does this band make incredible music they are also vocal about things happening in the world and using their following to raise money for causes I deeply care about.
You love to see it!!
Now if you need me, I’m trying to get tickets to see them in NYC.
I hope you enjoyed this, please let me know what you think and what other topics you'd love for me to cover. I'm allll ears.
Reminder: Take care of yourself and know that I support you.
