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McNamara-O'Hara Service Contract Act

Overview and Scope

Accidental Injury and Workers' Compensation Benefits

In order for an employee to obtain workers' compensation benefits, he or she must often prove an "accidental injury" that "arose out of" and "in the course of " the employment. Once those facts are proven, employers are strictly liable under states' workers' compensation systems for nearly all work-related accidents.

Affirmative Action - Disparate Treatment

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, sex, creed, religion, or national origin. Under a disparate treatment theory, which the Supreme Court has described as the most easily understood type of discrimination, an employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin. Proof of discriminatory motive is critical. Thus, preferential or differential treatment of individuals because of their race runs afoul of the statutory prohibition.

The Creation of OSHA Standards

Congress passed the Occupational Safety and Health Act of 1970 to promote safe and healthful working conditions for American workers. The Act primarily meets this goal by providing for the creation and enforcement of workplace safety standards. Pursuant to the Act, the Occupational Safety and Health Administration (OSHA) is tasked with creating the safety standards, which fall into four main categories:

ADEA

Congress passed the Age Discrimination in Employment Act of 1967 to prevent employment discrimination on the basis of age against persons 40 years of age or older. Congress had determined that older workers were finding themselves disadvantaged in their efforts to retain employment or to acquire new employment after losing a job. The Act, which applies to employers with 20 or more employees, was designed to remedy this problem.