The workplace will never be free of bad bosses. Many employees have to deal with unreasonable and difficult employers. However, there are regulations and laws that safeguard employee rights.
However the majority of new employers are too focused on getting their business up and running that they fail to consider the legal side of things. Therefore, even though they’re honest, decent employers could still break the laws of labor because of ignorance.
However this is a list of the most popular lawsuits filed under the law of labor against sloppy and negligent employers as well.
5 labor laws that protect employees
1. Employers cannot discriminate against protected attributes
As per Title VII of the Civil Rights Act of 1964 employers are not allowed to take any employment-related decision (such like hiring rejecting or demotion) in reliance on the employee’s protected characteristics. This includes race or color and religion, as well as national origin and sexual orientation.
In other words employers cannot dismiss an employee who is otherwise qualified due to being female. Of of course, not every case of firing a female employee could be considered discrimination against women. If, however, it can be the employer is able to prove that they fired an employee who was female after learning they were pregnant, that would be an obvious act of discrimination.
Also the decision to dismiss an employee due to discriminatory reasons is considered unjustly terminating the employee. If the case is successful the former employee is successful, they could be legally entitled to both economic as well as non-economic damages.
Furthermore, the laws against discrimination do not just apply to wrongful termination. They apply to all workplace decisions that include the acceptance or promotion of discrimination, the granting of unfair demotionsand reductions in pay. Thus, for instance the employer who encourages or tolerates harassment, it could also be discrimination.
Be aware the laws regarding discrimination and exemptions may differ based on the state and how big your company. It is important to talk to your lawyer to ensure that you’re not violating any laws or employees’ rights.
2. Employees with disabilities can ask for reasonable accommodations
Employees with disabilities are protected under law under Americans with Disabilities Act (ADA). In addition, it is illegal to make hiring decisions due to an employee’s disability status, it’s also an employer’s responsibility to offer reasonable accommodations for employees when they requires them.
“Reasonable accommodations” are modifications and changes to the employment system that will allow an competent employee do their job. These accommodations are contingent on the needs of an employee and the amount an employer is able to pay for.
For instance, some employees simply require flexible hours, have the ability to work from at home, or even be transferred to another department. Some employees might require wheelchairs, ergonomic chairs or ramps for wheelchairs. These are usually determined through talks and discussions with the employee and employer.
The key word in this case refers to “reasonable,” which means that the accommodation should not cause an employer to bear an excessive burden. For instance, if a requested accommodation creates major structural and financial challenges and structural issues, both parties need to come up with a different solution.
3. The pregnancy is considered to be an indefinite disability
Women who are pregnant can experience various physical ailments, and this can happen even before they reach their final trimester. Therefore, the challenges that come with pregnancy could be sufficient to warrant accommodations.
The pregnant employee may request work schedules that are different or reassignments to work schedules and other acceptable accommodation. Employers are able to provide these accommodations in addition to the maternity leave that employees take at the expiration date of their leave.
Employees should also discuss the accommodations they require and accommodations with the employer. This will ensure that employees receive the help they need, and does not cause undue stress for their employers.
4. Whistleblowers are covered
Whistleblower protections exist to safeguard consumers and employees. In order to encourage people to disclose illegal activities employers are barred from making any adverse decision against whistleblowers.
For instance, if employees report health dangers to OSHA and OSHA, it is not legal for the employer to revenge by threatening them with cutting pay, termination or suspensions. In the same way, if employees “blows the whistle” on security and fraud in the workplace and is fired, they are not liable or punished.
Additionally, employers can’t engage in disciplinary action against employees, even in the event that the employee makes an error. It is important to note that the Whistleblower Protection Act was created to make sure that employees don’t hesitate to disclose possible illegal activities before they have any serious harm. In addition, employees who assist authorities in catching illegal activities receive a substantial amount of compensation by “blowing the whistle.”
In the same way, employees who take part in investigation (i.e. taking part in an interview or being witness) can’t be fired for doing so. This is their right and firing them would be an unlawful termination.
5. Retaliation against employees is illegal
In the section before employers are not able to get back at employees with a vengeance. In simple terms, employers are not able to take negative employment decisions as a response to an employee asserting their right.
For instance, if an employee complains to their boss to the police for discrimination based on gender The employer is not able to fire them, reduce their status or reduce their wages. It is a form of retaliation.
There are other ways that employees can perform without being punished or getting retaliated against:
- Requesting or taking sick leave, family leave or a mother’s leave
- Working from home to be a juror or vote
- Notifying an employer of OSHA violations such as discrimination, harassment, or the threat of retaliation
- The process of becoming an whistleblower
- Testimony as witnesses against their employer
- Refusing to violate the law on behalf of the company or employer (i.e. refusing to lie to the IRS in order to save the business)
A few employment actions that may be considered retaliation could include:
- Dismissing an employee
- Unjustified pay cuts
- Refusing to promote an un highly qualified and meritorious employee.
- Affirmatively assigning employees to a place of work that’s creating unnecessary hardship for them (i.e. assigning them to an area that’s unreasonable away from their home)
- The employee in question is given additional work to be a devious punishment
- Inspiring harassment and alienation of employees at work
Are you a good boss?
It’s possible that you’re not an excellent boss, but there are plenty of them. But the law is aware that some employers issue “punishments” to employees who are not in the right.
It doesn’t mean that employers shouldn’t be able to punish employees for their bad behavior. Employers are allowed to degrade the pay of employees, reduce their pay or stop paying employees provided that they don’t violate the rights of employees or violate any lawful labor regulations we’ve discussed in this article.