As certain employees get older, they may start to feel more confident in their jobs as they gain experience and start to feel like a part of their work community. However, for others, aging in the workforce can bring about feelings of anxiety or fear. Unfortunately, ageism is one of the most common forms of discrimination in the workforce today. This is because of the many widely believed misconceptions society has about older people.
As a result, older employees may become afraid to lose their jobs simply based on how old they are. The question is, can you be fired legally based on your age?
According to the Age Discrimination in Employment Act of 1967, it is illegal to discriminate against anyone 40 or older in any aspect of employment. This includes but is not limited to the hiring, promotion, and firing processes. Importantly, this only applies to companies with at least 20 employees and does not protect anyone under the age of 40. However, this does not mean that your state doesn’t have different protections for younger employees or for companies with less than 20 employees. It does mean that, outside of the circumstance, you are not protected under federal law.
We know that federal law protects older employees, but can you ever legally be fired based on your age? This is a tricky question to answer because, in some states, it is perfectly legal for an employer to fire an employee for being too young.
There is also the case of bona fide occupation qualification (BFOQ). In extremely rare cases, if your ability, age, sex, or religion prevents you from completing a necessary part of your job, an employer can fire you. As we age, our bodies lose certain physical abilities. Therefore, in a tangential way, you could be fired based on your age. To clarify, let’s look at an example:
Donald is 45 and has worked at the same construction company for the past 20 years. Over recent years, he’s developed debilitating, severe arthritis that prevents him from being able to pick up heavy objects or hold tools the way he used to. If Donald’s employer were to fire him because he can no longer do his job due to natural, age-related medical issues, then yes—it would be legal for his boss to do so.
However, in most cases, employees in this situation would typically leave on their own accord. BFOQs are extremely rare.
An employer could lie about the truth of why they fire you, or they may not have to tell you at all if you live in an at-will employment state. However, if you suspect your employer fired you for illegal, agist reasons, there are ways to tell.
If any of these situations sound like your case, contact the Law Firm of Tamara N Holder today. We’ll put you in contact with one of our dedicated and experienced age discrimination attorneys, who will treat your case with the respect, care, and confidentiality you deserve.
Gender discrimination is the prejudicial treatment of a person based on their gender. While this can happen to anyone, it most often happens to women and people who don’t conform to the gender binary. Though society has made strides to close this power gap, gender discrimination is still a problem, even in places where the law strictly forbids it, such as the workplace. Read on to explore some of the reasons gender discrimination in the workplace still exists.
A stereotype is a generalized belief about a category of people, and every gender has a set of stereotypes. For men in America, the stereotype is that of a stoic household provider who must be strong, aggressive, and logical. For women in America, the overarching stereotypes are quite the opposite. A woman is and or must be quiet, reserved, nurturing, passive, and polite. Looking at these stereotypes, we can already see why men might receive preferential roles and treatment within the workplace.
Gender bias is the favoritism of a particular gender. What the “favorite gender” is will generally vary from person to person and be influenced by stereotypes. On an overarching scale, we can look to the patriarchy to see which gender society favors.
Aside from that, look at the terminology in job descriptions that describes a company’s ideal worker. You’ll often see words like fearless, objective, driven, solid, analytical, and competitive. We can see a correlation between these words and the adjectives society uses to stereotype men. In this way, there is already an inherent gender bias that permeates the workplace, beginning at the onboarding stages of employment.
You may wonder—if the workplace favors men, why don’t other genders try harder to break through stereotypes and achieve higher positions? To push back against the tide would be to risk one’s place in the social hierarchy. This can be a frightening prospect for anyone. Who would want to risk being shunned or frowned upon by their peers? Social pressure is enough to keep people in line for their entire lives. As social creatures, our connections and our relationships with others are quite literally the foundations of our lives and well-being.
Let’s say a cisgender woman wants to achieve a higher workplace position. She must show exceptional qualities and prove herself to be driven and competitive enough to rise to the occasion. Due to gender stereotypes and gender bias, this does not fall in line with what a woman is supposed to be. She risks coming off as impolite, bossy, snobbish, or overly aggressive.
Therefore, she risks her social standing and relationships if she does not find a way to consolidate “what a woman should be” with the qualities necessary to excel in the workplace. This is often an impossible feat.
Ultimately, the main reason gender discrimination in the workplace still exists is a general lack of awareness. We don’t usually learn to deconstruct gender biases in school, and by the time we become adults, they can be difficult behaviors and thought processes to uproot. After all, to admit you have gender bias would be to admit you’re a bad person, correct?
This isn’t the case. Bias is taught, and it can be unlearned. What makes a “good” or “bad” person is whether someone is willing to admit fault and learn.
At the Law Firm of Tamara N Holder, we help tackle gender discrimination by holding employers accountable. If you or someone you love has been a victim of gender discrimination in the workplace, our gender lawyers will work tirelessly to ensure justice is served.
It is important for workers to understand their rights, and they should learn the legal terms and definitions that accompany them. Some of these terms can be broad or vague—sexual and non-sexual harassment being apt examples. To shed some light on what these terms mean, let’s review the differences between sexual and non-sexual harassment and what they may look like in the workplace.
Both sexual and non-sexual harassment encompass a wide range of behaviors and actions. We can define sexual harassment as any unwanted or unwelcome verbal or physical conduct of a sexual nature, request for sexual favors, and/or sexual advances. The key phrase here is “unwanted or unwelcome.” While it may not always be appropriate for certain employees to engage in sexual behavior with one another, it’s not illegal if all parties are consenting.
Non-sexual harassment, also known as harassment, is unwanted or unwelcome behavior that is offensive or has the intention to demean, humiliate, or intimidate a person. Under the eyes of the law and for a judge to consider an action harassment, the behavior must make a “normal or reasonable person” feel uncomfortable. Sexual harassment is a type of harassment.
When comparing sexual and non-sexual harassment in the workplace, know that one involves behavior of a sexual nature while the other does not.
Workplace harassment includes physical, verbal, emotional, and sexual harassment. This can include anything and everything from intimidation, threats, and ridicule to name-calling, physical assault, and slurs. It can also include showing offensive objects or pictures, and it does not have to be in-person for a court to consider an action harassment. As mentioned, for a judge to consider an action harassment, it must be offensive to a normal and reasonable person. It must also interfere with work performance.
These stipulations ensure a scorned coworker doesn’t falsely accuse another of harassment. For example, if a coworker annoys you by insulting your favorite sports team, this is not harassment. However, if a coworker continuously insults your appearance or intelligence, a judge may be willing to open a harassment case.
Many types of sexual harassment can occur in the workplace. Verbal sexual harassment, sexual assault (molestation or rape), third-party sexual harassment, and quid pro quo sexual harassment are all possible. It is important to understand that not all forms of sexual harassment are obvious or outwardly violent, which makes knowing these definitions so important.
Molestation is nonconsensual sexual touching, while rape is the nonconsensual penetration of a person with an object, digit, or genitalia—both are types of sexual harassment that fall under sexual assault. Quid pro quo sexual harassment occurs when a person in an authority position demands—directly or indirectly—sexual favors from an employee in return for a reward or to avoid punishment. Third-party sexual harassment is when someone unaffiliated with the company, such as a customer or vendor, sexually harasses an employee. Just because someone did not experience physical aggression or was not nonconsensually penetrated does not mean they did not experience sexual assault.
At the Law Firm of Tamara N. Holder, we understand how difficult and frightening it can be to come forward with a sexual harassment claim. That’s why our sexual misconduct lawyers will treat your case with the utmost care, respect, and confidentiality. We’re here to help you hold aggressors and abusers accountable, not to question your experience.
The longer you’ve been in the workforce, the more likely you are to notice problems and deal with hurdles. Most of the time, you can handle them on your own. When these problems make you feel unsafe, afraid, or discriminated against, you’re likely dealing with systemic issues that can’t be solved by one person or with one conversation. At this point, you need to consider consulting an employment lawyer.
This can feel like a big, intimidating step—some people worry it’s too big of a step, or maybe their situation doesn’t warrant the help of an employment lawyer. At the Law Firm of Tamara N Holder, we’re here to help. Let’s take a look at some signs that can tell you when it’s time to seek the help of an employment attorney.
Wrongful termination occurs when an employer fires you from your job for an illegal reason or the termination breaches the terms of employment. An employer can only legally fire you if they’re downsizing, no longer need your position, or you’ve failed to meet the terms of employment in some way. For example, your employer can fire you if you are consistently late to work. However, it is illegal to fire you for discriminatory reasons, such as not approving of your sexual orientation or religion.
Retaliation occurs when an employer penalizes you for actions that you are legally allowed to engage in, known as protected acts. Protected acts include but are not limited to whistleblowing, requesting accommodations or time off, or reporting sexual harassment. An employer may wrongfully terminate you as a form of retaliation, but other forms of retaliation include demotion, pay docking, or excluding you from warranted promotions.
When an employer or coworker harasses or discriminates against you so severely that it impacts your job, you may be in a hostile work environment. For a judge to deem a workplace as hostile, the behavior must be pervasive, discriminatory, abusive, and prevent you from doing your job. However, before you can file a hostile work environment claim, you must give your employer or the company a chance to investigate or take action. If they fail to do so, then you can bring your case to court.
Sexual harassment can be hard to define because it’s an umbrella term that encompasses a myriad of actions. Essentially, sexual harassment includes any inappropriate, unwelcome, and unwanted sexual act, behavior, or remark. However, sexual harassment is not always the outright verbal or physical assault you might think of. Different types of sexual harassment can occur in the workplace, such as quid pro quo sexual harassment or third-party sexual harassment.
If an employer requests sexual favors from you in return for a workplace reward, then that is quid pro quo harassment. When someone unrelated to the company sexually harasses an employee, this is third-party sexual harassment.
Ageism is the act of discriminating against someone due to their age. However, in terms of employment law, a discriminatory act isn’t necessarily ageist unless the person is 40 or older. Some states have laws that protect younger employees, but this isn't so at the federal level. Here’s an example of ageism under the eyes of federal law. An employee who has worked for a company for 10 years recently turns 45. If an employer were to ask them if they want to retire, hint at hiring “fresh blood,” or start stripping them of responsibilities, we can consider this ageism.
Pay discrimination and wage violations are both illegal acts that can affect your income, but they’re two very different things. Wage violations can be accidental or purposeful and occur when an employer pays you incorrectly. Some examples of this may be the failure to receive agreed-upon wages, miscalculations of overtime pay, illegal wage deductions, or illegal tip pooling. Even if you believe a wage violation is accidental, you should still contact an employment lawyer to make sure you’re protected.
Conversely, pay discrimination is always purposeful and is the act of any employer paying an employee differently for discriminatory reasons. The most prevailing example is gender-based pay discrimination, specifically geared toward women—this is often referred to as the pay gap. According to federal law, an employer must pay employees the same amount if their jobs are substantially equal, meaning the skills, effort, and responsibilities are similar.
Modern-day racism in the workplace has gone beyond the physical violence and hurling of racial epithets. This isn’t to say these things do not occur, but most racist employers or coworkers are better at hiding their bigotry. Today’s workplace racism often looks like subtle jabs or comments written off as jokes, but it can also appear as policies that affect or favor one race over others. For example, if an employer has a policy that strictly prohibits natural or protective hairstyles such as afros, headwraps, or locs, this would specifically put Black people at a disadvantage.
Gender and sexual orientation are two terms often brought up together during conversations about LGBTQIA+ rights and legislation. However, these terms mean two different things. Gender discrimination, also known as sex-based discrimination, is the act of treating someone differently or poorly based on their birth, perceived, or chosen gender. Sexual orientation discrimination includes unfair behaviors and actions toward a person based on their actual or perceived sexual preferences.
For example, if an employer or coworker refuses to use the preferred pronouns for a transgender employee, that is gender discrimination. If an employer doesn’t allow an employee to keep a picture of their same-sex partner on their desk but allows a heterosexual employee to do so, that is sexual orientation discrimination.
If you’ve read these situations and scenarios but still can’t tell when it’s time to seek an employment attorney, ask yourself this: Do I feel afraid or intimated to attend my job? If the answer is yes, then contact the Law Firm of Tamara N Holder today. We’ll put you in contact with one of our discrimination lawyers, that will help you get the legal representation and compensation you deserve. We believe everyone has a right to feel safe and valued at their job.
Asking for parental leave is a nerve-wracking thing for people because they’re afraid of losing their jobs or getting let go, even though they have a right to unpaid leave. When you finally get that time off and you’re spending your time with your bundle of joy, a scary thought can pop into your mind. Can you be fired while on parental leave? Unfortunately, the answer is more complex than it should be.
The definitive answer is yes. While it may feel morally wrong and can rob you of your joy during these precious moments, no law states your employer cannot fire you. In truth, your employer can fire you while you’re on any type of leave. It can be frightening to know you have no job to return to after your parental leave and frustrating to know that you must now spend your time finding a new job.
The good news is that most employers won’t fire you while on parental leave because it looks bad on their part. Additionally, for an employer to fire you while on leave, they must have a business-related reason for doing so. Business-related related reasons typically include the employee violating some form of their employment contract, such as not showing up to work on time, not completing tasks, or other performance-related issues. You wouldn’t be alone if you feel like your employer fired you for reasons unrelated to these.
We know that your employer can fire you while on parental leave and the legal reasons why they may let you go, but why can’t an employer fire you? First and foremost, your employer cannot fire you because you’re taking parental leave, nor can they fire you because they like the person they hired to cover your shift more. They also can’t fire you for having to take sick leave for the pregnancy or because they’re worried you won’t be a dedicated employee once you return.
However, the issue is that proving your employer fired you for unlawful reasons can be very tricky. Most employers won’t simply tell you they fired you on illegal grounds. Get the legal representation you deserve. Contact unfair dismissal lawyer Tamara N. Holder today if you believe your employer terminated you for the wrong reasons.
In an ideal world, everyone would come home from work feeling like they’re a valued and respected team member. Unfortunately, this isn’t always the case. Not only do some people come home from work exhausted, upset, and drained, some are afraid to attend work for fear of how an employer or coworker will treat them. This work environment is wrong and, in many cases, illegal. You may be in a hostile work environment if you feel like you’re being singled out, mistreated, or harassed at work. However, proving you are part of a hostile work environment isn’t easy and involves careful, calculated steps that’ we’ll discuss below.
Before we dive into how to prove you’re in a hostile work environment, let’s take a quick look at what a hostile work environment is and isn’t. A hostile work environment occurs when an employer or an employee harasses a worker so severely that it prevents that worker from doing their job. This harassment can be anything from verbal threats, physical abuse, demotions, docked pay, and much more. However, an employee that annoys you or is occasionally rude to you does not constitute a hostile work environment.
Now that we know what a hostile work environment is and isn’t, the tricky part is proving to the judge and jury that you’re a part of one. You must prove these five things:
The EEOC defines harassment as “unwelcome conduct that is based on race, color, religion, sex, national origin, age, genetic information, or disability.” Federal laws, such as Title VII of the Civil Rights Act, safeguard these protected characteristics. Therefore, you’re not protected under federal law if a coworker harasses you because they don’t like your favorite sports team or the clothing you wear.
Proving whether something is abusive or offensive can be difficult as it can depend on the person, but this is one of the points you’ll need to prove in court. In many cases, an aggressor is smart enough not to outright say something cruel or offensive, such as racial slurs or epithets. Therefore, it is up to the judge and jury to determine if a reasonable person would feel offended by the same action. They will dismiss your case if they determine you were overly sensitive.
One incident of rude, cruel, or offensive behavior is not enough to constitute a hostile work environment. The behavior must be continuous and pervasive over time. Essentially, you’ll have to prove that there is a history or pattern of behavior. The only exception to this rule is instances of physical assault, in which case the judge only needs one instance to prove pervasive behavior.
Keep in mind that you’re not just proving any environment is hostile. You’re proving that your work environment is hostile. Therefore, you must prove that the environment the aggressor created affected your ability to do your job. Fearing coming into work due to abuse, having trouble focusing because of the abuse, or the abuse is hindering your ability to complete your work counts as interference. Also, you’d have solid evidence to help you build a good case if you were unfairly demoted or passed over for promotion.
Before you can file a hostile work environment claim, you must file a report within the company and give them the opportunity to investigate. This process is true even if the person conducting the harassment is your manager, supervisor, or fellow employee. The courts will consider the company liable for creating a hostile work environment if they fail or refuse to investigate or resolve the issue. Only then can you file a claim.
Knowing what you need to prove in court is crucial to conducting the next step—collecting evidence. Before doing so independently, consider hiring or speaking with an attorney to help point you in the right direction. Typically, an attorney will advise you to collect the following:
At some point during the court proceedings, you must recount what occurred. While you’re not expected to remember every single detail exactly when and how it happened, documenting the incident soon after it occurs can help. Try your best to write down the who, what, when, where, and why of what occurred as soon as possible. This document won’t necessarily count as solid evidence, but it helps you keep track of what occurred and allows you to build a timeline of events to prove a pattern of behavior.
After you’ve written down the details of what you can remember, you should make it a point to obtain digital and physical copies of all relevant correspondence. This correspondence should include texts, emails, voicemails, letters, private messages, reviews, and any other documentation. It’s important to avoid keeping only digital files, especially if you’re leaving them on your computer at work. It’s very easy for the wrong person to delete evidence on their end and yours. Be sure to keep multiple copies in a safe place, whatever evidence you document.
Reaching out to potential witnesses is important. Such witnesses could include anyone who was present when the incident occurred or someone who has been a victim of similar harassment. Inquire about their experience, ask them if they would be comfortable testifying, and get their contact information. You don’t have to worry about interviewing them and getting the ins and outs of what they saw or heard—that’s a lawyer’s job. Your job, for now, is to collect a list of witnesses to give to your lawyer.
Be sure to speak to anyone who may have witnessed the aggressor’s behavior that was directed toward others if you don’t have any direct witnesses. However, it’s okay if you don’t have any witnesses. Judges understand that just because no one else was there to witness the events doesn’t mean it didn’t happen.
While proving you are part of a hostile work environment can be difficult, hiring a hostile work environment lawyer can make things easier. Our dedicated team at the Law Firm of Tamara N. Holder represents employees like you whose employers have failed to protect. Don’t let aggressors get away with bad behavior. Contact the Law Firm of Tamara N. Holder today.
Wage discrimination, or pay discrimination, is the illegal practice of paying an employee differently based on protected characteristics such as race, sex, gender, religion, and disability. This difference in pay includes but is not limited to salary, bonuses, overtime pay, vacation, and other benefits. While many understand that this form of discrimination is illegal, it’s important to know exactly what rights protect you from pay discrimination.
The Fair Labor Standards Act of 1938 created a minimum wage and solidified the right to overtime pay. In response to its lack of protections against wage disparity based on sex, President John F. Kennedy signed into law The Equal Pay Act was signed on June 10th, 1963. This act ensures all forms of compensation must be equal between different sexes who perform substantially equal jobs. These jobs do not have to be exactly the same but rather similar in responsibilities, skills, and effort for them to be substantially equal.
Title VII is part of the Civil Rights Act of 1964 that covers a wide range of employment decisions, covering everything from hiring and firing to the conditions of employment. Title VII also covers the salary and benefits an employee receives. This act also strictly prohibits an employer from discriminating against you in any way on the basis of race, color, ethnicity, sex, sexual orientation, gender identity, and religion. Later, the Pregnancy Discrimination Act of 1978 amended Title VII to include pregnancy status within the act’s protections.
Congress put quite a few different acts into place in response to Title VII’s lack of protections for certain groups. For example, the Age Discrimination in Employment Act of 1967 forbids employers from engaging in discriminatory employment practices against employees 40 years or older. Similarly, The Rehabilitation Act of 197s and Titles I and V of the Americans with Disabilities Act of 1990 prohibits employment discrimination against disabled employees in public services and federal programs. More recently, the Genetic Information Nondiscrimination Act (GINA) also prohibits employment discrimination based on genetic information.
While many rights protect you from pay discrimination, they don’t stop employers from trying. At the Law Firm of Tamara N Holder, our equal pay lawyers will fight tirelessly to expose discriminatory practices and help you receive the compensation you deserve.
On June 23, 1972, the 92nd United States Congress enacted Title IX as a part of the Education Amendments. They enacted this amendment to update the Civil Rights Act of 1964, which outlawed several forms of discrimination but did not tackle the issue of discrimination within educational programs. The opening text of Title IX states that no education program or activity that receives federal assistance shall discriminate against people in any way based on sex. This discrimination can include but is not limited to the denial of benefits, exclusionary action, or sexual harassment.
While Congress wrote Title IX to protect victims and hold aggressors accountable, there is a lack of understanding about the investigative process among those outside this legal field. This general mystery can make even the act of filing a complaint intimidating to those unaware of what happens afterward. We’ll take an in-depth look into the procedures of a Title IX investigation from start to finish to finally clear the air.
The law requires every school to complete the investigative process within a reasonable time frame. However, this timeline may shorten or extend depending on available witnesses, evidence, and other factors. You can contact your school’s Title IX office or Title IX Coordinator for an estimated timeline or updates.
Ultimately, every investigative process will begin with an interview with a Title IX officer or investigator, either online or in person. The Respondent, otherwise known as the defendant, will also go through this interview process with a similar line of questioning. It’s important to note that you will likely be recounting triggering or intimate details, and not every investigator has training in trauma-informed practices. Some of these questions may feel victim-blaming or inappropriate. While it may not be the investigator’s intent to come across as biased, you may want to have a lawyer with you throughout this process.
During this time, the investigator will ask you for a list of witnesses. A witness can be anyone you spoke to before, during, or after the incident with the Respondent, either friend, family, medical professional, officer, or anyone else you may deem pertinent. However, it is important to remember that you’ll have to provide their contact information and that the investigator will likely interview them—some may even have to testify. Therefore, it is important to ask anyone you intend to list as a witness if they’re comfortable with having to do so. You can also add to your list of witnesses later, but the investigator cannot guarantee they will deem interviewing all these witnesses as necessary.
Aside from providing a list of witnesses, the investigator will also ask you for any evidence at some point during the interview process. Recounting the details may be difficult emotionally, or you may have trouble remembering. However, it is in your best interest to write down and document as many details of the event as soon as possible. Evidence can include but is not limited to, photos, texts, social media posts, rape kits, articles of clothing, phone records, receipts, audio files, or any other form of tangible proof. Additionally, the sooner you collect this evidence, the better, as it reduces the chance of the deletion or destruction of these items of proof before you can obtain and record them.
It is possible that the investigator may contact you or the Respondent and set up additional interviews to ask follow-up questions. Remember, you are allowed to have an attorney with you throughout every interview if you deem it necessary.
Once the investigator believes they’ve gathered enough statements through the interview process, they will send you a summary statement. A summary statement is a document with all the facts and information gathered during the interview process. It is critical that you review the entirety of this document to make sure everything is accurate, and the information presented is truthful.
After the investigator has received all evidence and statements from you, the Respondent, and the respective witnesses, they will compile a document known as the Evidence Review. This document will usually be a few hundred pages, but you must review as much of it as you can. This document may contain very triggering content that may be difficult for you to read, especially when reviewing the Respondent’s summary statement. In these cases, you may want to have a support person with you or someone to read the document for you, such as a trusted family member or friend.
After receiving the Evidence Review, you have a period of about three to ten days to write a written response to any facts, details, or statements. If you need more time, you can contact the Title IX office and ask for a brief extension of up to two weeks, but they cannot guarantee your extension’s approval. It is important to be as objective and factual as possible when responding to certain details. Focus on provable details or details that are blatantly false. You can be honest with your investigator if you get any portions of the timeline mixed up or remember new details—they understand that processing trauma is difficult and memories get mixed up. It is best to be truthful and contact them promptly to lessen any delays.
Once you and the Respondent have had the chance to make and correct your statements and go over the Evidence Review, the investigator will create a final investigation report. This report can include assessments from the investigator that summarize their understanding of credibility or a collection of evidence. The investigator may give you and the Respondent a chance to make final corrections to the investigative report, but they cannot guarantee this opportunity.
Afterward, the investigator will release the finalized investigation report and either set a hearing date or gauge your interest in mediation or alternative resolutions. Contact the appropriate legal counsel right away if you feel pressured by the Respondent or the investigator to pursue mediation.
Hopefully, this look into the procedures of a Title IX investigation from start to finish takes some of the fear out of filing a complaint and going through with the process of holding aggressors accountable. Contact the Law Firm of Tamara N. Holder today if you have more questions about these procedures or require the aid of professional legal counsel. We’ll put you in contact with one of our Title IX attorneys so you can discuss the details of your case privately and receive the legal advice you need.
Most places of employment have copious amounts of training and handbooks to educate you on what is and isn’t allowed in the workplace. However, many employers don’t take these opportunities to educate their employees on their rights. This lack of training and education can widen the power imbalance between employer and employee in some cases. Let’s review five workplace rights every employee should know about to help you become a better advocate for yourself.
All employees must be given equal work for equal pay by their employer. It is important to note that equal work does not mean that two employees must have the exact same job title. However, their roles must be substantially equal, meaning the responsibilities and requirements of the job must be similar in action or measure.
Your employer must provide you with a safe and healthy work environment according to the Occupational Safety and Health Act of 1970, which OSHA continues to enforce. All machinery should be safe to use, the workplace should be free of toxic chemicals and other hazards, and you have the right to receive health and safety training. Ultimately, your employer must ensure there is as little exposure to illness and injury within the workplace as possible. In tandem with that right, you also have the right to report health and safety violations.
You have the right to request reasonable accommodations if you have a legally recognized medical condition, such as cancer, heart disease, or pregnancy. For example, a pregnant person working at a cash register has the right to ask for a chair so they can sit and continue to work. Also, the Family and Medical Leave Act, which offers 12 weeks of unpaid leave for serious circumstances, such as the birth of a child or a serious illness that impacts your or a loved one, protects companies with 50 or more employees.
Employment discrimination occurs when an employer mistreats or harasses an employee based on their protected characteristics. Protected characteristics fall under a person’s race, origin, color, sex, sexual orientation, gender, age, disability, religion, genetic information, and pregnancy or veteran status. Every aspect of employment must be free of discrimination, including the hiring, firing, assigning, payment, and promotion processes.
If you suspect discrimination in the workplace or are a victim of it, you have the right to report and file a complaint with the appropriate parties. You also have the right to file these complaints without fear of your employer retaliating against you. For example, say you act as a whistleblower and report your employer for clearly engaging in an illicit activity. Your employer cannot threaten, fire, demote, or isolate you in retaliation for doing so.
In truth, these are a few of the workplace rights every employee should know about, and every employee should strive to know as much about their rights as possible.
You may be struggling to function in a hostile work environment if you feel intimidated in the workplace or if a coworker or employer has harassed and discriminated against you. Although it may seem hopeless, you’re not alone, and among your other rights, you have the right to hire legal help. Contact the Law Firm of Tamara N. Holder to speak with a hostile work environment attorney today.
