A small construction company with 12 employees wants to know which federal anti-discrimination laws apply to them. Which law would NOT apply based on their size?
Correct Answer
A) Title VII of the Civil Rights Act
Title VII applies to employers with 15 or more employees. The Equal Pay Act and FLSA apply to smaller employers, and the ADA applies to employers with 15 or more employees.
Why This Is the Correct Answer
Title VII of the Civil Rights Act of 1964 applies only to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Since this construction company has only 12 employees, they fall below the threshold and Title VII would not apply to them. This makes Title VII the law that would NOT apply based on their company size.
Why the Other Options Are Wrong
Option B: Equal Pay Act
The Equal Pay Act applies to employers covered by the Fair Labor Standards Act, which includes employers with as few as 1 employee engaged in interstate commerce, so it would apply to this 12-employee company.
Option C: Americans with Disabilities Act
Wait - there's an error in the original explanation. The ADA actually applies to employers with 15 or more employees, so it would NOT apply to this 12-employee company either. However, Title VII is still the correct answer as it also has the 15-employee threshold.
Option D: Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) applies to employers with gross annual sales of $500,000 or more, or those engaged in interstate commerce, regardless of the number of employees, so it would likely apply to this construction company.
Memory Technique
Remember 'Title 7-15' (Title VII needs 15 employees) and 'ADA-15' (ADA needs 15 employees). Equal Pay Act and FLSA are 'small business friendly' with lower thresholds.
Reference Hint
Florida Building Code - Chapter 1, Administrative provisions, or employment law reference materials covering federal anti-discrimination statutes
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