Overview

Employers have a legal duty not to discriminate on the basis of race, color, religion, sex, national origin or age (40 or older). Likewise, employers are subject to the payment of minimum wages and overtime imposed by the Fair Labor Standards Act, the mandates of “equal pay for equal work” under the Equal Pay Act, and the terms and conditions of the Family and Medical Leave Act. Organizations should also familiarize themselves with any applicable state employment-related laws.

While not a comprehensive list of all applicable legal guidelines, the laws featured here are the employment and labor laws most common to REALTOR® Association Management.

Civil Rights Act of 1964

The principal statute governing employment discrimination is Title VII of the Civil Rights Act of 1964, as amended. Title VII makes it unlawful for an employer to discriminate relative to hiring, firing, compensation, terms, conditions or privileges of employment on the basis of race, color, religion, sex or national origin. It also forbids employers from limiting, segregating or classifying employees in any way that tends to deprive any individual of employment opportunities or adversely affect his employment status because of race, color, religion, sex or national origin. Title VII applies to any private employer in an industry affecting interstate commerce with at least 15 employees.

U.S. Department of Labor: Discrimination >

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act prohibits discrimination against individuals age 40 and over on the basis of age. This act applies to any private employer engaged in an industry affecting interstate commerce with at least 20 employees.

U.S. Department of Labor: Age Discrimination >

Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act prohibits discrimination based upon disability. It applies to employers with 15 or more employees. Download a PDF (36K) to review NAR's guide to applying the ADA to REALTOR® Association hiring practices.

U.S. Department of Labor: Americans with Disabilities Act >

Civil Rights Act of 1991

The Civil Rights Act of 1991 is another federal statute that affects the employment relationship and makes punitive damages and jury trials available to alleged victims of employment discrimination based on gender, disability or religion.

U.S. Department of Labor: Discrimination >

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act contains minimum wage, maximum hour and child labor provisions. There are three basic tests to determine if an individual is covered by the act; if any one of the tests is satisfied, the act applies. Associations with an annual gross income of $250,000 or more could be included. Download a PDF (24K) with FLSA eligibility information for more details.

U.S. Department of Labor: FLSA Compliance >

Equal Pay Act (EPA)

The Equal Pay Act prohibits any wage disparity between genders in substantially equal jobs. The act is applicable to any employer subject to the Fair Labor Standards Act.

U.S. Equal Employment Opportunity Commission: Equal Pay >

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act requires employers with 50 or more employees to allow eligible employees to take up to 12 weeks of unpaid leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse or parent who has a serious health condition.

U.S. Department of Labor: FMLA >

Disclaimer

This material was developed for use by State and Local Association Executives. Some of the information may not be applicable to other audiences. This guide is intended to provide accurate and authoritative information with regard to the subject matter covered. Although every effort has been made to ensure the accuracy and completeness of this information, the authors and editors of this guide cannot be responsible for any errors or omissions. This guide is not a substitute for legal or technical advice. Associations that need legal or technical advice should obtain opinions from their own legal or technical advisors.

 

Consulting Services Available from NAR Human Resources

Fee-based consulting services are available from NAR's Human Resources Department. For more information, contact Donna Garcia, Director Human Resource Services, at dgarcia@realtors.org, (312) 329-8311.