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What law applies when supervisor, employees live in different states?

November 2021 employment law letter
Authors: 
Danielle Baudhuin Tierney, Axley Attorneys

If a supervisor lives and works in one state but has direct reports in another, is the supervisor required to complete harassment training compliant with the laws of the states where his subordinates work?

Federal law

Before turning to the question of which state laws apply to situations involving subordinates who work in a state different from their supervisor, it’s important to remember managers and employers must comply with a number of federal harassment laws with regard to employees residing within the United States: specifically, Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). The federal laws apply regardless of the employees’ and supervisors’ locations. You should be sure:

  • All employees are well-versed on not only the content of the regulations but also how to report claimed violations; and
  • They are protected against retaliation for making a complaint under any of the federal laws.

State laws vary

State laws on harassment tend to vary from state to state. There may be variations on whether an employer is covered by the applicable state provision. For example, in Alabama, an employer is covered by the age discrimination statute if it has 20 or more employees, while an employer in Alaska is covered if it has one or more employees (see “https://bit.ly/3vI8kZO)">Discrimination—Employment Laws”  on the National Conference of State Legislatures website).

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