Federal and State employment law

Running head : FEDERAL AND STATE EMPLOYMENT LAW

How Do the Federal and State Systems of Government May or May Not Differ in Their Application of Employment Law

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Introduction

The Government of the United States is a combination of federal , state and local laws , bodies , and agencies that is responsible for carrying out the operations . All government institutions existed out of the basic principles of a representative democracy , which defines a system in which the people govern themselves by choosing their own leaders . The

br government functions to secure this principle and to further the common interests of the people (Burns 1997

A federal system of government is a centralized form of government established by a constitution . The Constitution of the United States is organized under the principle that diverse community of peoples , one national society can be created . The pioneering founders needed to see not only a unified and stable nation but also well-protected rights and liberties of states and individuals by balancing power among individuals , states , and the national government . The result is a system of shared functions designed to prevent any one element from gaining too much power

This tells about how the federal and state systems of government differ in their application of an employment law to address the legal rights of working people and their organizations . It will help as a mediator to issues that may arise between trade unions , employees and employers . Employment law is being categorized into two . One employment law is called the collective labor law which deals with three-party relationship while the other employment law deals with the different concerns of the employees . This law plays an integral part to the protection of the rights of the laborers and it has been crucial to the development of society and the economy (Burns 1007

Application of employment laws

Title VII of the Civil Rights Act of 1964 is the leading federal statute against employment discrimination , which prohibits unlawful employment discrimination by public and private employers , labor organizations training programs and employment agencies based on race or color religion , sex , and national origin . Title VII also prohibits retaliation against any person for opposing any practice forbidden by statute , or for making a charge , testifying , assisting , or participating in a proceeding under the statute . The Civil Rights Act of 1991 extended the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial

Employment Protection- State System

The Employee Polygraph Protection Act (EPPA ) is an act , which applies to most private employers though it does not cover federal , because only the state system provides such protection . Moreover , it prohibits most private employers from using lie detector tests , either for pre-employment screening or during the course of employment . The EPPA provides that employees have a right to employment opportunities without being subjected to lie detector tests , unless a specific exemption applies . The Act also provides employees the right to a lawsuit for violations of the...