SOLUTIONS 2026 FULL SOLUTION GRADED
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◍ Pregnancy Discrimination Act (PDA). Ans: Size: >=15 employees
Protects: Those employees or candidates for employment who are
pregnant or may become pregnant
1) Amended Title VII
2) Prohibits employment discrimination on basis of pregnancy,
childbirth, or pregnancy related medical conditions
3) Treat pregnancy as disability (employees on leave for pregnancy
related issues still accrue seniority, vacation time, pay increases and
benefits).
4) Health insurance must include pregnancy related conditions at
same cost as other medical conditions (excludes abortions)
5) Pregnancy health coverage must be independent of marital status
6) Whistleblower provision/prohibits retaliation
Remedies/Punishment: Same as Title VII
Enforcement: EEOC
◍ Equal Pay Act (EPA). Ans: Size: ALL
Protects:Women
1) Pay men and women equal for equal work (work, effort, skills,
responsibility, and working conditions)
2) Covers all aspects of compensation (includes benefits)
,3) Pay differentials allowed for seniority (as long as the seniority
system wasn't based on discriminatory practices), merit pay systems,
productivity-based systems, and any other "factor other than sex"
4) Whistleblower provision/prohibits retaliation
Remedies/Punishment: Unpaid back wages and may receive amount
equal to back wages as liquidated damages (but technically no
punitive damages)
Enforcement: EEOC
◍ Age Discrimination in Employment Act (ADEA). Ans: Size: >=20
employees
Protects: Employees/applicants 40+ years of age
1) Prohibits discrimination in all employment decisions on the basis
of age
2) Prohibits mandatory retirement (except for firefighters and police
officers and some executives who will make >$44k/yr. in pension
benefits)
3) Differentiation may be established on "factor other than age"
4) Complaint must be filed with EEOC within 180 days of alleged
violation
5) Whistleblower provision/prohibits retaliation
Remedies/Punishment: Back wages and legal fees; liquidated
damages if the employer acted willfully
Enforcement:EEOC
◍ Older Workers Benefit Protection Act (OWBPA). Ans: Size: >=20
employees
, Protects: Employees receiving special benefits upon early retirement
1) Waiver of claims if the waiver is knowing and voluntary AND
employees receive additional compensation for the waiver, over and
above that for which they are already entitled
2) Waiver must meet following conditions: Refer to employee's rights
under the ADEA, contain an exchange of value, advice to consult an
attorney, allow employees 21 days to consider, and provide 7 days to
rescind
3) If part of termination program offered to group/class of employees
then it must also meet the following conditions: allow 45 days for
consideration, list the class eligible for early retirement, explain the
factors used to determine eligibility, define time limits for deciding
upon early retirement, and explain any adverse action should the
employee decide to decline or accept early retirement
Remedies/Punishment: Same as those under ADEA
Enforcement: EEOC
◍ Fair Labor Standards Act (FLSA). Ans: ALL--Some small
employers may be exempt, but are most likely covered by state law
Size: Most
Protects: Most--except children working for parents and some
agricultural workers
1) Provides for a federal minimum wage (exceptions include those
under 20 years old for the first 90 days of employment)
2) Provides for overtime at 1.5x hourly rate for all hours worked
within a work week over 40 for non-exempt employees