11 Employment Laws That Every Behavior Analyst Should Be Familiar With

ABA Practice Owners and Leaders have a duty within our ethics code to know and follow applicable federal, state, and local laws in not only our clinical practices, but also in our employment practices. The following are federal laws that Behavior Analysts should be knowledgeable in as they manage and supervise others in order to ensure compliance with and to avoid legal issues related to employment practices.

1. The Fair Labor Standards Act addresses how individuals who are compensated are classified, breaks, overtime rules, minimum wage, and salary assignment test.
2. The Equal Pay Act prohibits discrimination in wage assignments based on sex.
3. The Age Discrimination in Employment Act (1967) provides protections in employment actions for individuals who are over the age of 40.
4. The American Disabilities Act of 1990 (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) protects qualified individuals in the workplace who have disabilities.
5. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects those currently serving or who have served in the military.
6. The Pregnancy Discrimination Act provides protections for employees who are pregnant, nursing, or have a caregiver status.
7. The Federal Wage Garnishment Law, Consumer Credit Protection Act (CCPA) protects employees who have wage garnishments and provides information to employers on how they must respond to garnishment requests.
8. The Jury Systems Improvement Act provides protections for employees who are called for jury service.
9. Title VII of the Civil Rights Act of 1964 outlines that discrimination based on race, sex, color, religion, or national origin in employment practices is prohibited.
10. The Family Medical Leave Act (FMLA) provides protections for individuals who miss work (consecutive or intermittent) for medical related reasons related to themselves or family members.
11. The Electronic Communications Privacy Act provides protections for employees related to workplace communication and storage of personal items lockers, desks, etc.

This is not an exhaustive list of employment laws that are applicable to ABA Therapy Practices. The information related to each Act is a brief synopsis and is not indicative of best practices, policies, or procedures that should be implemented because the law exists. The Equal Employment Opportunity Commission oversees and enforces many of the laws that are mentioned in this article.

PracticeEd offers continuing education courses to educate behavior analysts on these laws and best practices to be in compliance with employment laws.