Legal Rights of Employees
Since the 1960s, a considerable amount of employment legislation has been enacted at the state and federal level. These laws are meant to protect a person from unfair treatment by a current or prospective employer. Employment law also covers other legal rights and benefits, such as the Family and Medical Leave Act. An employment law attorney can often be of assistance to people whose rights have been violated.
Forms of Workplace Discrimination
Title VII of the Civil Rights Act of 1964 provides protection against workplace discrimination for people who fall into certain categories, also called protected classes. This federal law forbids discrimination or disparate treatment by employers on the basis of:
- Race or color
- National origin
Subsequent to the passage of the Civil Rights Act of 1964, other federal laws were enacted that protect discrimination on the basis of age or disability. Under the Americans with Disabilities Act of 1990, companies are required to make reasonable accommodations to disabled employees unless to do so would constitute an undue hardship. State laws often supplement federal workplace discrimination laws. Depending on the state, these laws might fill in where federal legislation falls short.
Workplace discrimination sometimes results in wrongful termination. Losing a job because of employer discrimination could be a violation of a worker’s rights. Another protected activity that is not considered legal grounds for dismissal, even of an at-will employee, is the filing of a discrimination claim at the state or federal level.
In 1993, federal legislation was enacted that gives eligible employees the right to take extended leaves of absence under certain circumstances. The Family and Medical Leave Act covers private companies with at least 50 employees as well as government employees. It allows an eligible worker to take up to 12 weeks off within a 12-month period. The right to family leave also depends on the employee having worked a minimum of 1,250 hours within the last 12 months for that employer and being employed at least 12 months by that same employer. The employer must let the person return to the same or a similar job after the leave, which is unpaid.
Protected reasons for taking a family leave include:
- A serious health problem for the employee
- A serious health problem for the employee’s parent, spouse or child
- The adoption of a child or foster child
- The birth of a child
- Certain needs associated with an active-duty military spouse, child or parent
The U.S. Equal Employment Opportunity Commission is the federal agency entrusted with the power of enforcement of federal employment laws. Many states have similar agencies. The process of filing a claim with the EEOC is time-sensitive and somewhat complex, and thus many people who feel that their rights have been violated obtain the assistance of an employment law attorney.
Once a claim has been filed, the EEOC will commence an investigation. In some cases, the agency may recommend mediation, but both the employer and the claimant have to agree to it. If the EEOC finds that no violation has taken place, it will notify the claimant and give permission to file a civil lawsuit. Should the agency find that a violation occurred, it will attempt to settle the matter with the employer. If no accord can be reached, the EEOC will either file a lawsuit or give the claimant the right to sue.
Additional Employment Law Articles
- “At Will” Employment and Termination
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- Making the Hot Seat even HOTTER: The Top Ten Illegal Job Interview Questions
- Legal Requirements for Lunch and Break Times
- A Balancing Act: Family and Medical Leave Act Benefits
- Your Employee Rights When Your Job Ends
- Who is Protected from Employment Discrimination?
- Employee Benefits Required by Law
- Does The Law Guarantee Paid Time Off?
- Blowing the Whistle
- Unemployment Benefits
- Unemployment Benefits Requirements
- Laid Off? Things to Take Care of Immediately
- How to Deal with Employee Complaints
- Hiring Foreign Workers
- How Much Privacy Must My Employer Give Me at Work?
- Using Your Computer at Work: Employee Rights
- Your Privacy Rights – What Do I Have To Tell My Employer?
- What Administrative Body May Impose Remedies For A Violation Of The Employee Polygraph Protection Act Of 1988 (EPPA)?
- What Does The Employee Polygraph Protection Act Of 1988 Govern (EPPA)?
- Your Legal Rights to Collect Unpaid Sales Commissions
- Role of Electronic Data in Employment Lawsuits
- What is the Labor Management Relations Act (LMRA)?
- Can My Employer Force Me To Take a Drug Test?
- Watch your Language at Work
- Wrongful Termination of Employment
- EEOC Charge Of Discrimination: Employer FAQ
- Who Is Covered By The Federal Occupational Safety And Health Act?
- Using Incentive Stock Option Agreements to Attract and Retain Key Employees
- What if the EEOC Determines an Employer Violated the Law?
- What Does The Federal Occupational Safety And Health Act (OSHA) Govern?
- How often can my employer ask for medical certification for my leave under the revised Family and Medical Leave Act (“FMLA”)?
- The EEOC’s EEO-1 Standard Form
- What Administrative Body May Impose Remedies For A Violation Of The Federal Occupational Safety And Health Act?
- How Can A Criminal Record Affect Your Job Application?
- What Administrative Body May Impose Remedies For A Violation Of The Federal Occupational Safety And Health Act (OSHA)?
- Who should I contact if I think my employer has violated the National Defense Authorization Act (“NDAA”) and/or the Family and Medical Leave Act (“FMLA”)?
- Can I Sue My Employer for Invading My Privacy?
- How Do Courts Decide Between an Independent Contractor and An Employee?
- Is Your Workplace Toxic?
- Negotiating Your Needs as a Remote Worker
- The Labor Management Relations Act (LMRA)
- Unemployment Extension
- The Unemployment Process and Timeline
- Severance Agreements and Severance Packages
- Wage Garnishment
- At Will Employment and Termination
- Workplace Bullying and Harassment