The sources of labor law in the U.S. are written (federal and state laws) and case law (case or common law). The U.S. does not have a federal labor code, nor do they have criminal or civil codes. Such codes are adopted by state legislatures. An important source of labour law are the acts of the Supreme Court of the USA, which has repeatedly made decisions in disputes concerning the illegal dismissal of employees, pointing out that various forms of harassment and discrimination, which were the actual reason for the dismissal, are a violation of the Civil Rights Act of 1964.
The range of case law in relation to labor disputes includes:
the concept and essence of the employment contract of mutual agreement (agreement at-will);
The definition of the jurisdiction of labour disputes (jurisdiction);
Punitive damages recoverable from defendant employers in favor of plaintiff employees and the determination of the amount of such damages;
Class actions against employers;
attorney’s fees if the claims are successful (“success fees”).
The Civil Rights Act is a fundamental act of a constitutional nature protecting the rights of citizens, including those related to the exercise of the right to work. For example, under Title VII of the Act, discrimination is prohibited. VII of the Act prohibits discrimination on the basis of race, color, religion, sex, nationality, and country of origin in hiring, promotion, dismissal, compensation, fringe benefits, professional training and development, evaluation, and other employment-related issues. This provision applies to employers in the private and public sectors, as well as government agencies.
One of the fundamental legislative acts of labor law in the United States is the National Labor Relations Act, also known as the Senator Robert Wagner Act. This Act was signed by President Franklin Roosevelt and was enacted on July 6, 1935. It guarantees the right of private sector employees to form unions, to conclude collective bargaining agreements, and enshrines the right to strike. It also prohibits any form of harassment and discrimination against employees for joining or being a member of a union.
There are about 200 federal laws in the U.S. labor law system. Similar laws are usually adopted by state legislatures. Of course, state laws must not contradict federal laws, but each state may impose additional protections for employee rights and stricter requirements on employers than those imposed by federal laws. This is a general principle of balancing laws to protect private and public interests.
In particular, the federal Civil Rights Act makes it unlawful to fire an employee if the reasons are race, color, nationality, or country of birth or former residence, as well as sex, pregnancy, disability, age, or religion. California law (Unruh Civil Rights Ast 1959) provides a broader list of grounds on which layoffs can be declared unlawful. In addition to the grounds contained in federal law, it establishes that dismissal on the grounds of marital status, medical condition (unless, of course, the employee is found to be totally disabled for a particular job), citizenship, ancestry, genetic information, native language, immigrant status, etc. is also illegal.
On this basis, the lawyers representing the interests of the employee determine the line of defense of his rights in a dispute with the employer. Thus, the list of grounds on which dismissal is illegal in the state of California is wider than in the federal legislation. Accordingly, attorneys rely on the provisions of California state law.
Another example: the state of Georgia has adopted anti-discrimination laws only on the criteria of age, disability, race, color, disability, religion, sex, nationality and country of origin of the employee, as well as on equal pay for men and women. And, unlike most state laws, Georgia’s employment discrimination prohibition law applies only to state employees, provided that the number of employees of the organization (agency) in question is at least 15. Consequently, an attorney representing a client working in that state must also look to federal law to ensure that the violated employment rights are protected as effectively as possible.