Since the 1960s, significant employment legislation has been implemented at the state and federal levels. These laws protect a person from being mistreated by a current or potential employer. Other legal rights and benefits, such as the Family and Medical Leave Act, are also covered under employment law. People whose rights have been infringed might often benefit from the services of an employment law attorney.
Discrimination in the Workplace
Title VII of the Civil Rights Act of 1964 protects persons who fall into specified categories, often known as protected classes, against job discrimination. This federal statute prohibits companies from discriminating against or maltreating employees based on the following:
- Colour or race
- Religion
- Sex
- Origin of nationality
Following the Civil Rights Act of 1964, different federal statutes that prevent discrimination based on age or handicap were created. Companies are obligated to offer reasonable accommodations for impaired workers under the Americans with Disabilities Act of 1990 unless doing so would result in an undue hardship. State laws often enhance federal job discrimination legislation. Depending on the state, these laws may fill in where federal legislation falls short.
Termination without Cause
Discrimination in the workplace may occasionally lead to wrongful termination. Workers' rights may be violated if they are fired due to workplace prejudice. Filing a discrimination lawsuit at the state or federal level is another protected conduct that is not regarded as legal grounds for dismissal, even of an at-will employee.
Leave for Family
A federal law was passed in 1993 that allows qualified workers to take longer leaves of absence under specific conditions. The Family and Medical Leave Act applies to private businesses with at least 50 workers and government employees. It enables qualifying employees to take up to 12 weeks off in 12 months. The entitlement to family leave is also contingent on the employee has worked a minimum of 1,250 hours for that company in the previous 12 months and being employed by that same employer for at least 12 months. After the unpaid absence, the company must allow the employee to return to the same or comparable work.
The following are protected grounds for taking a family leave:
- A significant health issue for the employee
- An important health issue affecting the employee's parent, spouse, or kid
- Adoption or foster care of a kid
- The arrival of a kid
- Specific requirements for an active-duty military spouse, kid, or parent
- Legal Counsel
The Equal Employment Opportunity Commission is the federal agency that enforces federal employment laws. Many states have comparable organizations. Because the procedure of filing a claim with the EEOC is time-sensitive and somewhat complicated, many persons who believe their rights have been violated seek the advice of an employment law attorney.
The EEOC will launch an inquiry if a claim is submitted. The agency may propose mediation in certain circumstances, but both the employer and the claimant must agree. If the EEOC determines that no violation occurred, it will inform the claimant and authorize them to bring a civil action. If the agency discovers a breach, it will endeavour to resolve the situation with the employer. If an agreement cannot be reached, the EEOC will launch a lawsuit or grant the claimant the right to sue.
Speak with an Employment Law Attorney Today
This post is meant to be both valuable and educational. Even common legal issues, however, may become complicated and frustrating. A skilled employment lawyer can handle your specific legal requirements, explain the legislation, and defend you in court. Contact an attorney in your neighbourhood from our database to discuss your legal problem.