Personal Injury Blog


How to Enforce Your Employment Law Rights

Wednesday, April 18, 2018

The U.S. Equal Employment Opportunity Commission (EEOC) reports that they received and investigated over 91,000 complaints in 2016. It is an unfortunate fact that many employers engage in unscrupulous and discriminatory practices against employees and potential hires. However, the EEOC, other government agencies and private law firms are the ones who proactively protect your employment rights.

The Equal Employment Opportunity Commission

The EEOC’s primary task is to enforce federal laws that prevent workplace discrimination. For example, the Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, gender, ethnicity, religion and national origin. The EEOC deals with HR personnel who engage in inappropriate screening, interviewing and recruiting practices. Employers are forbidden from asking any questions that may violate the civil rights of protected minorities. The Civil Rights Act prohibits retaliation against employees who file complaints or exercise their legal rights. The EEOC conducts investigations, mediates settlements, interpret laws, issues warnings and process discrimination claims.

The Department of Labor

The Department of Labor (DOL) promotes and protects the employed, the unemployed and potential hires. Their main job is to enforce laws related to wages, safety, workers’ compensation and unemployment insurance. This includes approximately 180 federal laws that protects office, except, agricultural, underage and migratory workers. To illustrate, the Fair Labor Standards Act (FLSA) contains the laws for weekly hours and overtime pay. The most important member of the DOL is the Occupational Safety and Health Administration (OSHA). They focus on unsafe and unhealthy policies, working conditions and employment environments.

The National Labor Relations Board

The NLRB works with the Department of Labor's Office of Labor-Management Standards to deal with union reporting, disclosure and administration requirements. The federal NLRB is an independent agency that was created through the passing of the National Labor Relation Act (NLRA). The NLRB is tasked with protecting the rights of collective employees who are legally empowered to form a union and select their bargaining representative. The NLRB prevents unfair labor practices, investigate potential violations and facilitate settlements between parties. This sometimes requires class action lawsuits and professional employment lawyers.

Other federal agencies that protect employee’s rights include the U.S. Department of Justice’s Civil Rights Division and the Employee Benefits Security Administration (EBSA). Anyone whose rights are being violated by their employer, such as unpaid overtime and unlawful termination, are encouraged to contact an employment lawyer today.

Discriminated in the Workplace? – Some Forms you Might Not be Aware of

Thursday, February 16, 2017

When the term discrimination comes up in employment law, most of us immediately think of racial biased practices. However, the federal government has been clear in the scope that workplace discrimination is covered.

There are several areas of discrimination such as race, sex, color, creed and religion that most people are familiar with. There are also a few lesser known areas that aren’t in the news every day. These are the areas that you might be affected by and not realize it.

Age discrimination – designed to protect workers over the age of 40. These laws are intended for the group of workers who are slightly older than their peers in the workplace. The standards for equal pay and assignment of duties must be met by that employer who has older workers on the staff. This includes the language used in the workplace. While the law doesn’t pertain to teasing or even slightly disparaging remarks, it does go to that extent when the workplace becomes a hostile environment because of it.

Disability – the laws regarding disabilities are such that the employer should make certain, but limited, accommodations for the employee to fulfill his work duties. When this isn’t done, the employer has failed in their obligation to disabled employees. Disability discrimination also goes a step further in that it covers people who are discriminated against because of their association with a disabled person.

Disabled employees have the same rights as everyone else in the workplace. They are sometimes subject to lower pay or the relegation to less desirable positions and are even the subject of disparaging language

Sexual harassment – can be taken in many forms, some of which are subtle and some that are overt. From unwanted touching and advances to inappropriate language and pictures, all can be found to be a form of sexual discrimination that is unlawful in the workplace. Harassment covers the actions of males and females alike.

Retaliation – the EEO laws prohibit punishment of an employee for exercising their rights under the law regarding the filing of a discrimination lawsuit. Retaliation covers any changes in the employee’s job duties, any confrontational language used against the employee, and spreading false rumors or intense scrutiny of the employee.

Every worker has the invaluable right to work in an environment that is free of discrimination and harassments of any type.

If you think that you have been discriminated on in any of these areas, contact us for a free discrete consultation. Trust your case to the most-trusted discrimination advocates.