Employee Discrimination And Other Legal Issues
In the past, employees have faced a variety of difficulties and challenges
, usually as a result of being treated unfairly. Over the years, more attention has been given to employees' rights, as well as to the belief that all people should be treated equally and fairly. Although conditions in the workforce today are much better than they have been in the past, some individuals still run into a variety of serious problems in the workforce that require legal attention.
In those cases, a lawyer who specializes in employment or labor issues can help people receive the justice or compensation that they deserve. However, many people are unaware of the many employment issues that lawyers can assist them with, and they don't receive the compensation that is available to them. The following paragraphs describe the many employment situations for which employees can take legal action and receive the compensation and/or protection they deserve.
Discrimination
Discrimination is perhaps the most common and widely discussed form of employee abuse. Basically, discrimination means treating people differently based on a factor that is considered unjust. Discrimination in the workforce can be manifested in a variety of ways including unequal wages, lack of promotion, showing favoritism, and in same cases, not hiring or firing an individual. There are many different types of discrimination, and when that discrimination is directed toward a protected class, it is considered unlawful.
Age Discrimination
Age discrimination is a violation of the Age Discrimination in Employment Act of 1967 which essentially prohibits employment discrimination against people who are 40 years old or older in the United States, and the act specifically prohibits age discrimination in hiring, promotions, wages, firing, and layoffs. Further, organizations cannot specify an age preference in job notices or advertisements, deny benefits to older employees, require mandatory retirement for most people, and more. The act also sets standards for pensions and benefits for employees. Under this act, it is legally unlawful to discriminate against people just because of their age.
Gender, Race, and Religious Discrimination
Other forms of employee discrimination are those based on gender, race, and religion. Title VII of the Civil Rights Act of 1964 clearly prohibits discrimination on the basis of race, color, religion, sex, or national origin. The act goes a step further and also prohibits discrimination against an individual based on his or her association with someone of a particular race, religion, or gender. Also, if claims of discrimination are made, in order for the employer to be found at faultless, the employer must prove the discrimination was based on a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise.
Over the years, a series of court cases and additional legislation have also prohibited sexual harassment, classifying it as a form of sex discrimination, and it is now also unlawful to discriminate against those who are pregnant.
Disability Discrimination.
Another form of discrimination is disability discrimination. The American with Disabilities Act of 1990 expanded on the Civil Rights Act and prohibits employers from discriminating against a qualified individual with a disability. This stipulation applies to job application procedures, hiring, promotions, workers' compensation, job training, and so on. Specific forms of disability discrimination may include limiting a job applicant or employee in an adverse way, denying employment opportunities to people who qualify, and not providing needed accommodations to those with disabilities in training, and so on.
Retaliation
It is considered unlawful for an employer to retaliatory discharge or to fire someone for filing a charge of discrimination. Retaliation is another workforce-related situation for which an employment or labor lawyer can assist in.
Worker's Compensation Retaliation
In addition to being unlawful for employers to retaliate against someone who files a discrimination charge, it is also unlawful for an employer to discriminate against an employee who files a Workers' Compensation claim.
Family and Medical Leave
According to the Family and Medical Leave Act of 1993, employees are allowed to take job-protected unpaid leave because of a serious health condition, to care for a sick family member, or to care for a new child. When an employer denies this benefit to employees or retaliates or discriminates against employees who take qualified family and medical leaves, it is considered unlawful.
Whistleblower
A whistleblower is an individual who publicly declares concealed misconduct of people usually within his or her same organization. The misconduct can be classified in many ways, and the most common forms of misconduct declared include violation of a law, rule, or regulation, a direct threat to public interest, fraud, health and safety violations, and corruption. In many cases, employers or other people within an organization will retaliate against whistleblowers.
The Sarbanes-Oxley Act was passed in 2002 and protects whistleblowers from retaliation, and the protection is dependent on a variety of statutes. But most federal and state laws do protect employees who call attention to violations and so on. Because there are such a variety of laws dealing with protection for whistleblowers, this is one employee situation for which a lawyer is helpful because he or she can help people understand which protections they are entitled to.
Of course, these are only a few of the many workforce-related situations that an employee can seek protection and compensation for. Other claims, cases, and situations that employment lawyers can assist in include overtime and payday law claims, public policy wrongful discharge cases, non-competition agreements, breach of contract, and severance agreements. If you find yourself in one of these situations and need legal help, there are several lawyers across the country who can help. Whether you're looking for a Texas employment attorney or a labor lawyer elsewhere, finding quality legal assistance is something you should pursue in order to receive the compensation and protection you deserve.
by: Art Gib
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