While various state legislatures passed fewer pieces ofemployment legislation in 2005 than in recent years, a significantnumber of workplace issues were impacted by these enactments.

The new laws covered issues that should make the lives of riskand HR managers interesting and challenging this year, such as:

o Expansion of prohibited bases of discrimination.

o New employment law procedural requirements.

o Leave-of-absence entitlements.

o Worker privacy.

o Plant closings and mass layoffs.

o Equal pay legislation.

o Prohibitions on smoking in the workplace.

Eight states and the District of Columbia enacted legislationthat created or enlarged protected category groups. Five new lawsadded protection for discrimination based on sexualorientation.

The states in which the new protected categories were expandedby legislation this past year include:

o Arkansas (due to taking military leave or on account ofmilitary service).

o The District of Columbia (due to sexual orientation, as wellas domestic partnerships).

o Illinois (sexual orientation).

o Maine (sexual orientation).

o Maryland (due to an appearance in court or service on ajury).

o Minnesota (due to sexual orientation, as well as on account oftreatments for infectious diseases).

o Montana (due to membership in the state militia).

o Rhode Island (medical marijuana users).

o Washington (sexual orientation).

Five states enacted legislation or amended existing legislationwhich changed or enlarged procedures for litigation of employmentdiscrimination claims.

o In California, the period for filing an administrativecomplaint for discrimination was extended. Workers under the age of18 now have up to one year to file a complaint after attaining theage of majority.

o In Indiana, new rules regarding employment discriminationagainst the disabled were enacted.

o In Nebraska, the definition of an "employer" covered by thesex discrimination law was changed to include employers of 15 ormore for at least 20 or more calendar weeks (the previousdefinition applied to employers of 25 or more employees).

o In North Dakota, the Human Rights Act was amended with respectto claims processing and availability of remedies at theadministrative level.

Now, if a complaint is first filed with the North DakotaDepartment of Labor, the period of limitations for bringing anaction in court is 90 days from the date of the department'sdetermination. Also, neither the department nor its administrativehearing officers may order awards of compensatory damages orpunitive damages.

o In Wyoming, the statute of limitations for bringing anadministrative charge was extended to six months (previously, thestatute of limitations was 90 days).

Several states passed new leave-of-absence laws or expandedleave entitlements.

o Arkansas enacted a law requiring private employers to providean unpaid leave of absence for employees to serve as organ donorsor bone marrow donors.

o Illinois enacted two new leave-of-absence entitlements,including military leave rights and leave on account of donation oforgans or blood.

o Maine passed a new law requiring employers to allow workersleave for the care of an immediate family member who is ill.

o Minnesota enacted protections for employees who take time offto seek relief under the Domestic Abuse Act.

o New Hampshire passed a crime victim's rights law, which allowsworkers time off to attend legal proceedings. The bill alsoprohibits employers from discriminating against employees whoexercise their rights for leave under the law.

Worker privacy laws were enacted in a number of states.

o In Arkansas, employers are now required to safeguard SocialSecurity numbers of workers and to prevent theirmisappropriation.

o The District of Columbia promulgated a law prohibitingemployers from requiring or administering a genetic test toapplicants or employees.

o New Mexico also enacted a genetic information protection law,which prohibits employers from requiring applicants or employees todisclose genetic information, or to take such information intoaccount in making personnel decisions.

o Ohio passed a breastfeeding rights law, which provides that amother is entitled to breast-feed her baby in any location of aplace of public accommodation where the mother is permitted. Whilethe statute does not specifically mention places of employment, itslanguage includes places of employment.

o In Vermont, employers may no longer require employees torefrain from disclosing the amount of wages or to sign a waiverthat purports to deny that right.

Several states also passed miscellaneous labor/employment laws,including the regulation of plant closings and mass-layoffs (NewHampshire), smoking in the workplace (the District of Columbia,Rhode Island and Washington), and equal-pay statutes (Hawaii andNebraska).

Perhaps the most controversial new statute is Maryland's FairShare Health Care Fund Act, dubbed the "Wal-Mart bill." TheMaryland legislature enacted the measure in January, overriding thegovernor's veto.

The bill requires companies in Maryland with more than 10,000employees to either spend at least 8 percent of their payroll onhealth care coverage or place the money in a fund that wouldbenefit the state Medicare program.