The FTCA is a waiver of the sovereign immunity of the United States. It imposes liability on the United States for the acts of its "employees" in the same manner and to the same extent as a private individual under like circumstances. "Employee" is defined to cover officers, governing board members, employee and certain contractors of particular Public Health Service grantees. The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. Three major exceptions, under which the United States may not be held liable, even in circumstances where a private person could be held liable under state law, are the Feres doctrine, which prohibits suits by military personnel for injuries sustained incident to service; the discretionary function exception, which immunizes the United States for acts or omissions of its employees that involve policy decisions; and the intentional tort exception, which precludes suits against the United States for assault and battery, among some other intentional torts, unless they are committed by federal law enforcement or investigative officials.
The Federal Employees' Compensation Act (FECA), 5 USC Chapter 81, provides compensation benefits to three million federal and postal workers around the world for work-related injuries, occupational diseases or illnesses, and to their surviving dependents if a work-related injury or illness results in the employee's death. The FECA is administered by the Department of Labor, Office of Workers' Compensation Programs (OWCP). The 12 OWCP district offices adjudicate the claims and pay benefits, and the costs of those benefits are charged back to the employing agency. Benefits include wage replacement, payment for medical care, and where necessary, medical and vocational rehabilitation assistance in returning to work. The FECA is administered by the Office of Workers' Compensation Programs (OWCP), within the U.S. Department of Labor's (DOL) Employment Standards Administration (ESA).
Failing to comply with the FMLA can be costly for employers. Sometimes managers are held personally responsible for violations, and companies can face expensive legal and settlement fees. Schultz v. Advocate Health and Hospitals Corp., N., D., ILL., No. 01cv 702, 10/30/02; Lore v. Chase Manhattan, U.S. District Court Northern District of Georgia (Atlanta), Case Number 1:04cv00204, 2008.
1. Retaliation for using Intermittent FMLA leave via the establishment of "new supervisor performance standards" that an employee is unable to meet.
2. Employee demotion instead of equivalent position reinstatement after returning from authorized leave.
3. Firing for family member's care where "employer failed to properly request or require employee to provide medical certification as required under FMLA regulations."
4. Requesting Certification in less than the allowed time under the FMLA. Example: In California, that would be 15 days to respond to the request. Where necessary--due to extenuating circumstances, 15 days can be ruled insufficient.
Title VII, the federal law that prohibits most workplace harassment and discrimination, covers all private employers, state and local governments, and educational institutions with 15 or more employees. In addition to prohibiting discrimination against workers because of race, color, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees. Currently, Title VII doesn’t include discrimination on the basis of sexual orientation.However federal legislation adding sexual orientation as a protected class against discrimination (the Employment Non-Discrimination Act (ENDA)), has been proposed in recent years. Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and sexual orientation – than Title VII covers.