Whistleblowers are a vital part of our society. Without them, corruption and unfair and unsafe practices would continue unabated. These brave men and women have differing legal protections based upon what they blow the whistle on, whom they blow the whistle on, and where they live. One law that protects some is the Whistleblower Protection Act, which was supplemented in 2012 by the Whistleblower Protections Enhancement Act.
How do employers get away with paying a protected class of employee less than other workers, despite laws that make it illegal? By allowing each staff member to negotiate his or her own salary, and then discouraging employees from sharing salary information. This discouragement interferes with your ability to prove discrimination. Fortunately, you have rights.
Sometimes employment discrimination is obvious; for example, a particularly bigoted manager or supervisor may use racial slurs or explicitly admit to discriminatory intent. Those cases are rare, however. More often than not it is much harder to prove employment discrimination because employers who want to discriminate have become quite good at hiding their intentions. One trick these employers use is using coded language in their job postings. They list job qualifications that are a pretext for eliminating certain job candidates. This is particularly common when it comes to age discrimination.
Most people have heard of discrimination based on race, sex, age, and disability. However, you may not have ever heard of genetic information discrimination unless you have been a victim of this sort of illegal employment practice or know someone who has.
We often think of employment discrimination as being something that happens to people who already have jobs. A woman may be denied a raise because of her sex, or an older person may be forced into retirement because of his age. But employment discrimination also happens on the front end of employment, when hiring decisions are being made. So if you are looking for a job, you need to understand your rights.
Unions' position in America has changed drastically over the last few generations. Large swaths of our population used to work in industries like manufacturing and many of those industries were unionized. Then companies began outsourcing jobs to other countries, and more and more Americans found themselves in service industry positions that often are non-union positions. Only you can know whether a union is right for you, but if you think it may be and you are not currently a union member, you need to understand what your legal rights are when it comes to unionizing.
For generations, transgender individuals facing workplace discrimination have had little legal recourse. While a small number of jurisdictions have passed local anti-discrimination laws, federal laws were rarely used to protect transgender people. However, that is changing.
The main purpose of FMLA or the Family and Medical Leave Act is to help employees balance work and personal/familial needs. By way of the FMLA, you can take up to 12 weeks leave in any 12-month period for personal or an immediate family member's medical exigencies, expansion of family, or for matters arising out of a family member's call for military duty. If you're thinking about taking FMLA, there are things you need to know in order to make sure you get the coverage you're entitled to.
How is it that science, technology, engineering, and math (STEM) companies can find solutions for some of the world's most complex problems, but they can't seem to solve the gender bias issue that keeps women out of STEM careers? According to new research, it's because we, as a culture, don't know that there's even a problem – it's unconscious, and we're all to blame.
Remember that time you worked yourself into a hypochondriac frenzy, and wound up spending the whole afternoon at the office surfing WebMD and trying to figure out if people get cholera anymore? As it turns out, Bill the IT guy — or even your CEO — may have been assessing your risks at the same time in a very different way for very different reasons.
A bona fide occupational qualification (BFOQ) is a defense to most types of discrimination. If the employer can show that the very nature of the job actually requires the characteristic that is leading to the otherwise illegal discrimination, the employer will have a defense. For example, airlines have argued unsuccessfully that being what was then called a "stewardess," now called a "flight attendant," required employees to be female. In a similar situation, a Georgia court has now addressed whether being "not pregnant" is a BFOQ for exotic dancers.