As a general rule, employers are not allowed to discriminate based on certain factors like sex and sometimes age. However, what many people do not understand is that anti-discrimination laws like the Civil Rights Act or the Age Discrimination in Employment Act actually do allow for discrimination under some circumstances. One time employers are allowed to discriminate is if they are doing so because of a "bona fide occupational qualification." Both federal and most state anti-discrimination laws also allow for this defense.
The labor movement has given the American worker benefits that today are often taken for granted, such as overtime laws, child labor laws, and minimum wages. The right to bargain collectively gives employees the power to demand reasonable treatment without the threat of being replaced by somebody less noisy. However, unions are far from perfect.
When people think of employment discrimination, they often think of discrimination based on race, gender, or disability. But age discrimination is very real. On the federal level, these claims are covered by the Age Discrimination in Employment Act, or ADEA. Indeed, ADEA claims continue to rise every year, and many think this will be the main form of employment discrimination in the future.
The FMLA is the Family and Medical Leave Act of 1993. It is the main federal law that employees in the United States rely on when they need an extended period of time off from their jobs for maternity leave, or extended sick leave, or in order to care for an ill family member. Even though most workers will either need this sort of leave at some point during their careers or will know someone who does, there are some things that most people just don't know about this law. Here are just a few facts that you may not have known:
Your manager wants to meet with you and has set up a time with your local HR contact. There’s been a complaint against you about some action or behavior that violates company policies. Whether or not you're guilty, your employer is required to conduct an investigation, and you may or may not have anybody on your side. This is surely a bad situation to be in, but knowing what to expect and how to handle your case could help.
The laws protecting pregnant women at work are getting stronger, but some workers are still being discriminated against. Know your rights so you can stand up for yourself before you are taken advantage of or subjected to illegal treatment.
On its face, overtime seems like it’s a fairly simple subject. In most jobs, if you work more than 40 hours in a given work week, you get paid at least time and a half for all of the hours worked over the basic 40-hour work week. But in this era of what appears to be rampant wage theft, there is a little bit more to the story than that. Here are three things you may not have known about overtime pay and your right to it.
Since the passage of the Civil Rights Act in the 1960s, the Equal Employment Opportunity Commission (EEOC) has been suing employers who discriminate based on sex. Now, more than 50 years after the act's passage, the EEOC has finally filed two lawsuits claiming sex discrimination where employers have allegedly discriminated against employees for being transgender. Companies should never discriminate against transgender employees. But now, it is also likely illegal.
While some people are now obtaining health insurance through other means under the Affordable Care Act, most Americans still get their coverage through their employer. As the cost of health insurance premiums continues to rise, more insurers and employers are beginning to offer wellness incentive programs. The general idea is that if you participate in a wellness program, you pay a lower premium. The program is supposed to increase your wellness, decreasing the cost of your medical expenses and thus the cost of your insurance. But now the Equal Employment Opportunity Commission (EEOC) is cracking down on some wellness programs that have gone from being voluntary to involuntary.
You almost surely have heard of the Ray Rice scandal. In a nutshell, for those who have not followed the story, Ray Rice was a player for the NFL's Baltimore Ravens. Earlier this year, he was criminally charged for a domestic violence incident involving his then fiancé (now wife) in an elevator. The NFL suspended him for two days. Now, months later, a copy of the surveillance video from the elevator was released. After the video became public, the Baltimore Ravens released Ray Rice and the NFL has suspended him indefinitely.
Returning to work post-baby poses more problems than a newbie mother might anticipate, especially if she chooses to continue breastfeeding. Here are some tips to help pumping at work not be such a dump.
The Minneapolis Star Tribune reports that Food Lion, a supermarket chain, stands accused of workplace discrimination based on religion. The U.S. Equal Employment Opportunity Commission (EEOC) filed a discrimination lawsuit against the chain claiming that it fired a Jehovah's Witness because the worker requested days off due to his religious beliefs. In the suit, the EEOC is seeking back pay, compensatory damages, and punitive damages.
Sometimes, you can just feel the tension in the air. Something is wrong, you don't know what, but it is making everybody uncomfortable. Then you get fired, and feel blindsided. Often, the signs that you were about to be let go were there all along.