Fortunately, the government recognizes that many employment laws are difficult for small businesses, so many of the more burdensome laws specifically exempt small businesses by stating the law only applies to businesses with more than a certain number of employees.  Unfortunately, Congress is involved, so every law specifies a different threshold for business size.

Some provisions of the Americans with Disabilities Act applies to employers with 15 or more employees, as do some provisions of the Civil Rights Act of 1964.  The Age Discrimination in Employment Act generally applies to employers with 20 or more employees, as does the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Family and Medical Leave Act (“FMLA”), 50 or more employees.

Throw in state law, and things get even more confusing.  Maternity leave would be covered under the FMLA, with its 50-employee threshold; but it’s also addressed by the Massachusetts Maternity Leave Law, which applies to companies with at least six employees.  And the Massachusetts Health Care Reform Law employer mandate applies to companies with at least 11 employees.

Taking the Ostrich approach of ignoring the laws, and hoping they go away, isn’t a very good idea.  As your company grows, sit down with your lawyer and make sure you really understand which employment laws apply to your company–and which don’t.  Because, as expensive as it can be to follow these laws–it’s much more expensive to get caught violating them.

Ms. Welfare was a fifteen-year employee of the airline; then she got pregnant.  Her physician advised her against lifting more than ten pounds, but otherwise considered her able to work.  American Airlines, however, told her the light duty policy did not cover pregnancy, and Ms. Welfare was sent home without pay.

Ms. Welfare filed a complaint with the Equal Employment Opportunity Commission, which recently issued a Determination that American Airlines discriminated against Ms. Welfare by treating women with pregnancy-related restrictions differently from employees with non-pregnancy-related job restrictions.

Two things that stand out in this story–

First, Ms. Welfare filed her complaint in 2006, and didn’t receive a determination until February 2010; and such a determination actually doesn’t provide any relief to Ms. Welfare.  If she and the airline are unable to come to a resolution (with the assistance of the EEOC), Ms. Welfare can file a suit in federal court, where the EEOC’s determination may or may not be taken into consideration.  Needless to say, a federal suit adds considerable time and expense for both parties.  A reminder that it can take a very, very long time, and a very, very large amount of money, for these issues to get resolved.

Second, when Ms. Welfare’s baby was born, American Airlines sent her a congratulatory fruit basket.