Employment law is the field of law that covers the legal relationship between an employer and employee.
Employment law deals with the employees’ right to collectively bargain and workplace safety issues.
Disputes over the minimum wage, maximum working hours and, importantly, civil rights and discriminatory hiring practices are all within the purview of an employment lawyer.
Workplace Discrimination and EEOC
You should contact an employment lawyer if you feel that you have been discriminated against based on your race, gender or disability.
The Equal Employment Opportunity Commission (EEOC) is a federal agency that specifically looks into cases of workplace discrimination.
In 2011, the EEOC added sex discrimination to Title VII of the Civil Rights Act. This means that employers aren’t legally allowed to discriminate against you for reasons of sexual orientation.
If you suffered discrimination or sexual harassment from an employer based on your religion, age, or ethnicity you should contact the EEOC or talk to an employment lawyer who can walk you through a possible lawsuit.
Wrongful Termination and Employment Law
How does wrongful termination break down in the state of California? In essence, California is a state that allows employers to terminate employees on an “at will” basis.
This means that employers have more latitude with respect to whether to terminate an employee or not. That said, employment lawyers in California still deal with wrongful termination cases.
If the employer fired an employee because an employee threatened to go public with illegal activity, then an employment lawyer could be called in. Why? Because this might be a case of retaliatory discharge.
If the termination violated a preexisting employment contract, then this might also be a case in which a wrongful termination took place.
Uncorrected Workplace Harassment
Workplace discrimination and sexual harassment are illicit in their own right, but an employer who fails to correct reported workplace harassment might open himself up to a lawsuit.
That is, if workplace harassment has been reported, the expectation is that the employer make an effort to rectify the situation. If the employer ignores or fails to correct the workplace harassment, then the victim of the harassment could be eligible for additional compensation vis-a-vis a harassment lawsuit.
Although sexual harassment is the most frequently talked about form of workplace harassment, harassment over an employee’s race, religion or disability are equally serious. You should contact an employment lawyer if you feel you have suffered any of the above types of workplace harassment.
Age Discrimination and Employment Law
The Age Discrimination in Employment Act (ADEA) protects adults forty years of age and older from unfair hiring or termination based on age.
You may want to contact an employment lawyer to discuss your legal options if an employer discriminated against you based on age, or if an employer failed to put a stop to workplace harassment that centered around your age.
Pregnancy Discrimination in the Workplace
A woman cannot be discriminated against based on the fact that she’s pregnant or has plans to become pregnant.
If an employer discriminates in the hiring, termination, or promotion process based on a woman’s pregnancy status, this could be a form of workplace discrimination protected under state as well as federal law.
Pregnant employees in most states are entitled to employment leave immediately before pregnancy. In addition, an employer failing to accommodate a pregnant woman’s request for a less stressful work environment could be considered workplace discrimination.
Overall, workplace discrimination plays a major role in employment law. Contact the Equal Employment Opportunity Commission or a local employment law attorney if you have suffered workplace discrimination.
Regurlarlink.com member Scott R. Dallas is an employment attorney.