The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their countries hosted the Olympic games.1
The 1904 World's Fair featured, as one of its 100 events, the 1904 Olympic Games—the first Olympics to be held in the United States since the ancient event's 1896 revival. The 1904 World's Fair was recognized as the greatest exposition ever with electricity and a 265-foot Observation "Ferris" Wheel. Riders enjoyed the best aerial view of the fair, which was situated primarily in Forest Park, Missouri. A major focus of the fair was the food—hot dogs, ice cream cones, cotton candy and peanut butter were first showcased at the fair. There were multiple exhibits of various cultures reflecting the social, commercial, and industrial capabilities of different places in the world. As to 1904 Olympics, the events were spread over multiple sites including Forest Park and Washington University in St. Louis. Events included tug of war, dumbbell lifting, swimming, golf, running high jump, and a modified marathon. Countries from all over the world participated.
The next Olympic Games hosted in the United States was in 1932 in Los Angeles. Between 1904 and 1932, several unsuccessful attempts were made to make significant changes in U.S. employment law, particularly under the administration of President Theodore Roosevelt. In most instances, the U.S. Supreme Court struck down progressive employment initiatives passed by Congress including child labor protections. Perhaps the most significant employment development that reached fruition was the passage of the La Follette Seamen's Act regulating work conditions for seamen. Another huge leap in industrial relations was the enactment of the Railway Labor Act in 1926, which featured union protections, arbitration, wage protection, and other measures promoting collective bargaining in the railway industry. Restrictions on child labor ultimately occurred with the passage of the Fair Labor Standards Act in 1932.
Certainly, the most momentous development from an employment—or any perspective during this span—was passage of the right to vote for women. The 19th Amendment, passed by Congress on June 4, 1919, and ratified by the states on August 18, 1920, granted women the right to vote.
Nearly 80 years later, Atlanta, Georgia hosted the 1996 summer games, commonly referred to as the Centennial Olympic games as they marked the 100th anniversary of the first modern Summer Olympics in Athens, Greece. Leading the effort to have Atlanta selected to host the games, former United States ambassador to the United Nations and then-Atlanta Mayor Andrew Young touted Atlanta's civil rights history and reputation for racial harmony to showcase a reformed American South. For the first time in Olympic history, all 197-recognized National Olympic Committees were represented at the games, and 24 countries made their Summer Olympics debut. Muhammad Ali, a gold medal winner in the 1960 games and regarded by many as the greatest heavyweight boxing champion of all time, had the honor of lighting the Olympic torch in the opening ceremonies. Beach volleyball, mountain biking, softball, and women's soccer made their initial Olympic appearances, and sailor Hubert Raudaschl from Austria became the first person ever to compete in nine Olympic games. Memorable champions included Marie-Jose Perec from France, who won the 200m and 400m races to become the most successful French female athlete of all time, and Michael Johnson from the United States, who became the first man in Olympic history to run and win both the 200m and 400m races, with his 200m victory establishing a new world record.
There have been significant developments in the areas of employment law since the 1996 summer Olympic games, largely expanding protections for employees. Of note, in 2008, the Genetic Information Nondiscrimination Act (GINA) was enacted, protecting Americans against discrimination based on their genetic information with the respect to employment and health insurance. It was described by then-Senator Ted Kennedy as the "first major civil rights bill of the new century." With the continuing proliferation of medical advancements and predictive technology, we are likely to see an increased emphasis on GINA's protections in the years ahead. Also in 2008, the Americans with Disabilities Amendments Act (ADAAA) was passed, expanding coverage and protection for workers by broadening the definition of what can be considered a disability.
In 2015, the United States Supreme Court held in Obergefull v. Hodges that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment to the United States Constitution. A few years later in 2020, the United States Supreme Court held in Bostock v. Clayton County that the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 extends in employment to discrimination based on sexual orientation and gender identity. At the time of the Bostock decision, fewer than half the states had statutes banning discrimination against LGBTQ+ employees. Obergefell and Hodges represent significant progress for gender identity and sexual orientation equality.
Last year, the Pregnant Worker Fairness Act (PWFA) took effect. The PWFA requires covered employers to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship, thereby increasing protections for pregnant and new mothers. Effective this year, the United States Department of Labor (DOL) raised the salary threshold for typically "white-collar" employees to qualify for various overtime exemptions under the Fair Labor Standards Act (FLSA). The changes brought by the DOL – progressively raising the weekly minimum salary thresholds – are predicted to result in about four million employees losing their overtime exempt status and gaining overtime eligibility. It will be interesting to see what wins and losses employers and employees experience in the future depending on the direction of America's legislatures and courts.
Footnote
1. Littler's International Guide discusses more than 90 workplace law topics in over 45 countries/territories, including jurisdictions in every region of the world. For more information on the International Guide, please contact your Littler attorney or KM – Managing Editor/Publications Kristen Countryman. In addition, Littler's Global Guide Quarterly (GGQ) provides high‐level notice of recent global labor and employment law developments in key countries in the American, EMEA, and APAC regions. Click here to subscribe to the GGQ.
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