labor lawAdivision of labor law center

Details about age discrimination on the Alabama Department of Labor’s website may not be easy to find if you’re looking for laws specific to the state. However, if you follow the Job Termination Laws’ link on the department’s home page, you will find a single paragraph stating that Alabama does not have any termination laws. Instead, the department follows federal law against discrimination based on age, race, religion, sex, national origin, and disability. Now, if you had any questions or problems in this area, you could address them with the Equal Employment Opportunity Commission (EEOC). For easy access, a link will take you directly to the EEOC’s website.

You’ll find additional information in the Frequently Asked Questions (FAQ) section, linked from the Alabama Department of Labor’s home page. The second question in this section identifies that the State of Alabama is an “Employment at Will” state, meaning there are no laws pertaining to the hiring and firing of an employee. However, the statement also reads that an employer can hire and fire anyone he wants, as long as he does not discriminate. Once again, you are directed to the EEOC rules.

The website www.workplacefairness.org states that, unlike most other states, Alabama does not have a general anti-discrimination statute. In addition, the state does not have a law that covers discrimination claims against companies with 20 or more employees.

Some information provided by legal specialists in this area notes that Alabama law is generally based on federal statutes with limited action based on state and common law. If you take the time, you’ll find articles in legal journals and other publications that refer to cases in which school district and university employees sued because they felt they were terminated illegally.

Kimel v. Florida Board of Regents is a combined case from Alabama and Florida, including MacPherson v. University of Montevallo, which was first heard in federal district court in Alabama. Later, this case was pursued to the U.S. Supreme Court.

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