What is Employees Rights in Workplace
Employees Rights
Employment law covers all rights and duties within employer-employee connection -- if current employees, job applicants, or former personnel. Due to the complexity of employment relationships and the huge array of situations that could arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety. A number of these problems are governed by applicable state and federal law. However, where the employment relationship is based on a legal contract entered into by the employer and the worker, state contract law alone may dictate the rights and responsibilities of the parties.
All employees have basic rights in the workplace -- such as the right to privacy, fair compensation, and freedom from discrimination. Those rights include the right to be free of discrimination based on age, sex, race, national origin, or religion during the hiring process. By way of example, a prospective employer can't ask a job candidate particular family-related questions during the hiring process.
In most states, workers have perfect privacy at work. This right to privacy applies to the worker's personal possessions, including handbags or briefcases, storage lockers accessible only by the worker, and personal mail addressed only to the employee. Workers may also have a right to privacy in their telephone conversations or voicemail messages. However, employees have very limited rights to privacy in their email messages and Internet use while using the company's computer system.
There are particular pieces of information that an employer may not seek out concerning a possible job applicant or employee. An employer may not conduct background or credit check of an employee or prospective employee unless the employer informs the person in writing and receives permission to do so.
* Right to be free of harassment and discrimination of all types;
* Right to secure workplace of harmful conditions, toxic substances, and other potential safety hazards;
* Right to fair wages for work done.
Following is a quick overview of key federal laws related to employment. To Learn More, an overview of Employment and Anti-Discrimination Laws.
Title VII
* Applies only to employers with 15 or more workers.
* Prohibits employers from discriminating in the hiring process based on race, color, religion, gender, or national origin.
* Provides that if an individual with a disability can perform essential functions with or without reasonable accommodation, that person can't be discriminated against on the grounds of their disability.
* Prevents employers from giving preferential treatment to younger workers to the detriment of older employees.
* Only applies to workers 40 years of age and older, and to workplaces with 20 or more workers.
* Provides regulation regarding the length of work days, and breaks an employer must provide.
* Governs applicable salary and overtime requirements set out by the national government.
Get a Legal Assessment of Your Employment Rights Issue
Employees have various rights at work, established under both state and federal law. If you think that your rights might have been violated in the context of your employment, it could be in your best interests to speak with an experienced employment attorney who will clarify your choices and protect your legal rights.
Since the Civil Rights Movement of the 1960s, state and federal governments have enacted several laws that bar an employer from discriminating against workers on any grounds, besides the character of the worker 's work or the nature of their personality.
Find out more discriminatory Practices.
The best known of employment anti-discrimination lawsTitle VII of the Civil Rights Act of 1964, prohibits an employer with fifteen or more employees from discriminating on the basis of race, national origin, sex, or religion. Under Title VII, it is illegal for an employer to take any of the following actions against an employee based upon his or her race, national origin, sex, or religion:
* Refuse to employ;
* Discipline;
* Fire;
* Fail to market;
* Payless or demote; or
* Harass.
Moreover, it's illegal for a company to adopt a policy or practice which has a "disparate impact" on a protected class, such as by adopting hiring criteria that tend to screen out women or minority group members, or by instituting a required test for advertising on which a specific class tends to score poorly. This type of policy or test, like a particular policy that only people can have certain tasks, is lawful only if it could be deemed a "bona fide occupational qualification. " An instance is a power test that tends to screen out women but is an essential test for firefighters that must have the ability to carry victims down tall ladders.
Other Forms of Discrimination Under Title VII
The bar against discrimination on the grounds of sex includes discrimination on the grounds of pregnancy. Contrary to popular belief, however, Title VII doesn't only bar discrimination against women and minority group members but also bars discrimination against white or male employees or applicants. Such discrimination is popularly called "reverse discrimination," and might be caused, for instance, by an over-ambitious affirmative action program.
The federal Equal Pay Act requires any company that's already subject to the Fair Labor Standards Act (the federal wage and hour law) to give equal pay to men and women who perform "equal work," unless the gap in pay is due to differences in seniority, merit or another factor that's not based upon gender.
The Age Discrimination in Employment Act (ADEA) bars discrimination against applicants or employees that are over age forty, by any employer with twenty or more workers. A worker may often state a claim under the ADEA if he or she's fired or forced to retire, and is then replaced by a younger worker. Unlike in Title VII cases, but several courts have held that the ADEA doesn't prohibit practices with a "disparate impact" on older workers. Instead, the ADEA only bars deliberate discrimination against older employees.
Americans With Disabilities Act(ADA) and the Rehabilitation Act bar discrimination against those that are disabled. The ADA bars discrimination by private employers with more than fifteen employees, and the Rehabilitation Act applies to all government entities and national contractors. Unlike other civil rights laws that protect easily-identifiable courses like race or gender, so as to be protected by the ADA or the Rehabilitation Act, an employee or applicant must demonstrate he or she is, in actuality, disabled, has a history of being handicapped, or has been considered by the employer as being handicapped.
When the candidate or employee makes this showing, however, he or she's not only protected from discrimination but is also eligible for "reasonable accommodation" for the handicap if needed. Reasonable accommodation may include a modified work schedule or work duties, unpaid time off, or special devices that will assist the worker in the performance of their job duties.
National Origin Discrimination
immigration Reform and Control Akbar’s any company with more than three employees from discriminating against a U.S. citizen, or an "intended citizen" (such as one who may work legally but isn't yet a citizen) on the basis of their national origin. The legislation was enacted at exactly the exact same time that the government strengthened its penalties against employers who hire illegal aliens and was meant to prevent companies from overreacting to regulations by refusing to hire anyone who looks overseas.
Discrimination Claims: the EEOC and "Administrative Remedies"
With the exception of the Equal Pay Act and the Immigration Reform and Control Act, all the anti-discrimination laws discussed above need anyone (whether employee or candidate ) who believes he or she was discriminated against to exhaust "administrative remedies" before bringing a lawsuit.
It follows that anyone who wishes to file suit under Title VII, the ADEA, the ADA, or the Rehabilitation Act should first bring their claim to the Equal Employment Opportunity Commission (EEOC) or an affiliated state agency, which might investigate the claim and take action on it, or may advise the employee to find their own wrongful termination lawyer and proceed him- or herself. Furthermore, the deadline for bringing such a claim is brief, often no more than 180 days. Thus, if an employee or job applicant doesn't bring his or her claim to an administrative agency like the EEOC quickly, it could be forever barred.
State and Local Laws
Many states, counties, and municipalities also have enacted anti-discrimination laws which frequently apply to every employer, no matter how small. A number of these statutes create additional protected classes, like gays and lesbians, those who have received welfare, people that are married, the unmarried, and those who have kids.
Get Professional Legal Help With Your Discrimination Claim
If you think that you've been discriminated against by an employer -- as a job applicant or current employee -- meeting with an attorney sooner rather than later will make sure your right to a legal remedy isn't lost. Don't wait; contact wrongful termination attorney in your area now.
