Law Pointers

To deter the employers from exercising discriminative acts to their employees, many labor decrees have been ratified by the Federal and State governments in the 1960’s. Such law provisions tackle most of the aspects which have great deal in the upholding of the workers’ rights besides their personalities and work nature. These were subsequently followed by the promulgation of the employment discrimination law which aims to impede the employers to continue their illegal acts or else face the consequences of being penalized.

In prevailing U.S. Federal law, it is very much illegal for an employer to discriminate their employees on the sole basis of their workers’ nationality, gender, race or religion. This applies to employers who have fifteen or more employees in his company. Such provisions can be seen in Title VII of the Civil Rights Act of 1964 which also hiders the employers to refuse from hiring applicants, impose unnecessary disciplinary acts, terminate, impede promotion, harass and pay much less salaries on the basis of the aforementioned. Much more, the law considers implementing policies which may cause impact or promote class separation among his workers. To site an example, it is illegal to impose penalties to those non-Christians who will not attend a monthly mass offering of the company.

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The Family and Medical Leave Act allows up to 12 workweeks of leave in any 12 month period for eligible employers and eligible employees. If both your employer and you as an employee meet this definition, 29 CFR 825.214 is clear on what the returning employee is entitled to:

(a) On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee’s absence.
(b) If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the employer’s obligations may be governed by the Americans with Disabilities Act (ADA).

This is by no means a guarantee you’ll get your job back, as you may have exceeded the timeframe. Also, if you live in an “at will” employer state, your employer can both hire and terminate employees at their own discretion. Ask for a written notification of your termination and then contact an attorney.

In today’s age of globalization, workplace discrimination is strictly forbidden by the laws of almost every state. However, there are still several companies that discriminate their employees or usually their applicants because of their race, religion or sexual preference. Remember that it is improper and unlawful for an employer to evaluate or fire an employee based on an illegal issue. And in order to protect the rights of all employees, there are legislations and measures that can help them if they’re experiencing discrimination.

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Title VII of the Civil Rights Act of 1964 (“Title VII”) is a federal law that bars employers from discriminating against any person with respect to their compensation or other terms and conditions of their employment on the basis of that person’s race, color, religion, sex or national origin. Many anti-discrimination statutes have followed Title VII, but it remains the first and the broadest. Use this overview to become aware of potential problem areas in the day-to-day operation of your business.

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