State vs. Federal

State and Federal Systems Paper

The following essay will address the differences and similarities between state and federal systems of government in their application of employment laws. Several examples of employment protections that are provided by state systems but not by the federal system will be also provided.

In order to understand why some federal laws differ from state laws we must first begin by defining the powers of our government. Federalism is the principle that divides the powers between governments and makes provisions for change within the various levels. The United States Constitution divides some powers between state and federal governments, designates which powers are to be shared, and also disallows some power to each level. The three types of power that are delegated to the federal government by the Constitution are defined as expressed, implied and inherent. The majority of federal laws that apply to employment and labor are inherent powers and are those which give the federal government power to carry out the U.S. Constitution. The powers which the Constitution provides to state governments are known as reserved powers. The 10th Amendment defines reserved powers as those not expressly delegated to the federal government or held by the people not prohibited to the states. (Texas Education Agency Social Studies Center http://www.tea.state.tx.us/ssc/teks_and_taas/teks/glossgov.htm#structure)

The federal government has implemented employment laws to equalize situations where it is apparent that the employer and employee do not share a fair or equitable level of rights. These laws apply to employers in every state and supersede any state statute pertaining to employer's rights. For example, the federal government has enacted the following laws to prevent discrimination by employers against employees:

        Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national...