The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
What are the laws protecting employees from unfair treatment at work?
One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination. Federal and many state and local laws make it illegal for employers to discriminate against their employees on the basis of certain protected characteristics.
What are unfair employment practices under NLRA?
Unfair employment practices refer to actions that unions or employers take that happen to be illegal, according to the National Labor Relations Act (NLRA) as well as other labor laws. Some NLRA rules are applicable to interactions between unions and employers while other rules have been created...
What does the Equal Employment Opportunity Commission do to prevent discrimination?
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. Color. Religion.
When is it illegal to treat someone unfairly?
When is treatment unfair? It's illegal to treat somebody in an unfair way, including harassment, because of any of their protected characteristics: Age. Disability.
What are examples of unfair treatment at work?
Some of the most common examples of unfair treatment at work include:Spreading false rumors about coworkers.Neglecting a promotion or pay raise due to a race, gender, or other non-work-specific trait.Sending offensive emails or texts regarding an employee.More items...•
What is considered unfair treatment?
Unfair treatment can take many forms. It can include illegal harassment and discrimination based on a “protected characteristic” such as age, disability, pregnancy, gender identity, sexual orientation, race, religion, color, nationality, or sex.
What are the 5 basic EEOC rights?
Equal Pay.National Origin.Pregnancy.Race / Color.Religion.Sex / Gender.
What is considered discrimination under federal law?
Equal Employment Opportunity Commission The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age.
How do you fight unfair treatment at work?
If your employer wrongfully terminates your employment or refuses to address the unfair treatment, you may need to speak with a labor law attorney about your options for filing a state or federal complaint. In some cases, you might have a cause of action to file a lawsuit against your employer.
Can you sue your employer for unfair treatment?
Can you sue your employer for unfair treatment? The short answer is: Yes, you sometimes can, but not always, and not for every sort of unfairness. While most American workers expect to be treated fairly in the workplace, the reality falls far short of this ideal.
What are the 7 areas of discrimination?
Discriminationage.disability, or.race, including colour, national or ethnic origin or immigrant status.sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding.sexual orientation, gender identity or intersex status.
What are the 4 types of discrimination in the workplace?
Workplace discrimination can be categorized into four main types:Racial discrimination.Sex/gender discrimination.Age discrimination.Disability discrimination.
What are the three basic elements of discrimination in employment?
What Are the Three Basic Elements of Discrimination in Employment...Element 1: A Decision Was Not Made on an Individual's Merit. ... Element 2: Harassment in the Workplace. ... Element 3: Retaliation. ... Tips for Employers to Create a Culture of Respect and Anti-Discrimination.More items...•
What are 3 examples of discrimination?
Types of DiscriminationAge Discrimination.Disability Discrimination.Sexual Orientation.Status as a Parent.Religious Discrimination.National Origin.Pregnancy.Sexual Harassment.More items...
What qualifies as workplace discrimination?
The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
How do you define employment discrimination?
Employment discrimination is where an employee is being treated differently because of a protected class. Those protected classes are race, religion, gender, national origin, disability, age, sexual orientation, pregnancy, past criminal convictions.
Discrimination and Harassment at Your Job
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.Protections Included Under the LawTh...
Wrongful Discharge/Termination of Employment
If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wr...
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal labor law that allows eligible employees to take an extended leave of absence from work.Situat...
Minimum Wage, Overtime, and Misclassification
The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These incl...
Unsafe Workplace Complaints and Conditions
The type of workplace issue determines which government agency can help you.Ask a Question or File a Complaint About a Safety Issue in Your Workpla...
Workers' Compensation for Illness or Injury on the Job
Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that em...
What are the strong protections afforded federal employees called?
The strong protections afforded federal employees are called the Prohibited Personnel Practices. Knowing and understanding these prohibitions is fundamental to safeguarding your rights as a federal employee.
What happens if an employee's performance is judged unacceptable?
If an employee’s performance is judged sufficiently unacceptable, a performance-based removal action can ensue. However, such action cannot be initiated until the employee is given an opportunity to demonstrate acceptable performance.
What is the purpose of whistleblower complaint?
The government acts as the defense for a violation of federal law by the federal government. If you commit a crime the federal government acts as the prosecution. Hence, file an EEO or whistleblower complaint against the government you are treated as a criminal or at the very least your claim is dismissed as unfounded.
How much has the VA overpaid?
Do you know that each month the VA has potentially overpaid approximately 3 million and that is just for the onset of the employee coming to work for the VA, now take the 3 million times 30 years (the earliest retirement age with full benefits) billions and billions of dollars.
What are the prohibited personnel practices?
The Prohibited Personnel Practices are 11 practices that the federal government is forbidden to take as an employer. In sum, these prohibitions spare federal workers from all manner of workplace indignities.
How long can an employee be suspended for a violation of the Merit System?
The severity of punishment dictates how an employee can proceed: A suspension of 14 days or less cannot be appealed to the Merit Systems Protection Board, while a longer suspension triggers an employee’s right to challenge the penalty’s just cause before the board.
How many hours do federal employees work?
For starters, federal employees are assured of all the basics: a 40-hour workweek and specific paid holidays, paid leave and overtime. Federal employees have the right to collectively bargain and unionize.
What is the Department of Labor's responsibility for reporting unfair practices?
Reporting Unfair Practices: Federal Compliance. The U.S. Department of Labor works according to a number of federal labor laws that determine appropriate employee rights and practices for workers in the United States. Multiple dedicated agencies share the responsibility of enforcing these laws.
Where to file a claim if you were fired for discrimination?
He will be able to file a claim at the Civil Rights Center of the U.S. Department of Labor.
What are the rules for unions?
The NLRA prohibits unions from doing the following: 1 Coercing or restraining employees to not use their right to not participate in or support a union; for example, unions are not allowed to threaten employees who don't want to participate in a union, and they are not allowed to expel union members for crossing a picket line that is illegal. 2 Disallowing employers from choosing their bargaining representative; for example, unions cannot refuse to meet with an employer due to their choice of a bargaining representative. 3 Causing or attempting to cause an employer to discriminate against employees to encourage or discourage membership in a union; for example, unions cannot have employers penalize any employees who participate in activities that are anti-union. 4 Refusing to participate in collective bargaining that is done in good faith. 5 Engaging in boycotts, strikes, and other coercive actions for purposes that are illegal. 6 Charging discriminatory or excessive membership fees. 7 Featherbedding, which is when a union attempts to convince an employer to pay for work that will not be performed.
What is the purpose of the NLRA?
The NLRA prevents employers from attempting to interfere with the right of an employee to join, organize, or help a union. It also disallows employers from interfering with an employee's right to engage in protected, concerted activities or engage in collective bargaining.
What is the NLRA?
The NLRA prohibits employers from doing all of the following: Discriminating against individuals to discourage or encourage membership in a union or other labor organization. Replacing employees who go on strike to protest against an unfair labor practice.
Why does the Department of Labor have multiple phone lines?
The U.S. Department of Labor has multiple telephone service lines in order to address different categories of unfair practices in a number of industries. For example, the U.S. Department of Labor has different phone lines for occupational safety, working women, and hourly wages.
What is coercing employees?
Coercing or restraining employees to not use their right to not participate in or support a union; for example, unions are not allowed to threaten employees who don't want to participate in a union, and they are not allowed to expel union members for crossing a picket line that is illegal.
What are the laws that the EEOC enforces?
Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...
How to file a discrimination complaint?
How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.
What is the Department of Labor's Wage and Hour Division?
The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:
What is the minimum wage?
The federal minimum wage is the lowest legal hourly pay for many workers. Tipped employees may have a different wage. The minimum wage is $7.25 per hour for covered nonexempt employees . Many states and cities also have minimum wage laws. Where federal and state laws have different rates, the higher wage applies.
How many employees are required to be covered by the EEOC?
Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.
What to do if you are terminated by an employer?
If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your State Labor Office to ensure you do not violate any federal or state labor laws. You may wish to consult with a licensed attorney.
What to do if you get hurt working for a private company?
If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.
What are the laws enforced by the EEOC?
The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information. Harassment by managers, co-workers, ...
What is a harassment?
Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
What is the EEOC responsible for?
The EEOC is responsible for protecting you from one type of discrimination - employment discrimination because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
What does it mean to discriminate against someone?
To "discriminate" against someone means to treat that person differently, or less favorably, for some reason. Discrimination can occur while you are at school, at work, or in a public place, such as a mall or subway station.
What is the law protecting employees from unfair treatment at work?
One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination. Federal and many state and local laws make it illegal for employers to discriminate against their employees on the basis of certain protected characteristics. One of the most common areas ...
What is a legal claim?
Legal claims typically arise when the unfair treatment you’ve suffered violates a specific law, like federal and state discrimination and wage laws, or specific contract terms. If you have been treated unfairly at work and believe you may have a legal claim, contact Eisenberg & Baum.
What is breach of contract?
Breach of Employment Contract. Although most states default to at-will employment, there are some situations in which the employer and employee enter into an agreement to govern the terms of their employment relationship, including the terms under which the employee may be fired. These are often used with executive level employees and, ...
Can an employer fire you for not being included in the agreement?
Likewise, if you have an employment contract that specifically limits the reasons your employer can fire you, and your employer fires you for some reason not included in the agreement, you could have a wrongful termination claim.
Do employers have to pay female employees equally?
Employers must compensate female and male employees equally where they are equally skilled and work in the same position. If you are not getting paid the basic wage required under the law, you can have a claim against your employer.
Does the federal Fair Labor Standards Act have a minimum wage?
The federal Fair Labor Standards Act establishes a minimum wage for covered workers in the United States. Some states, like New York, have established an even higher minimum wage.
Can unfair treatment at work be demoralizing?
Unfair treatment at work can be demoralizing, but not all acts you might consider unfair or inequitable are actually grounds for a lawsuit. In today’s posting, we’ll talk about some of the common types of unfair treatment at work that can lead to a lawsuit against your employer.
Why do you treat someone unfairly?
Treating someone in your staff unfairly because of who they are is discrimination. It can lead to them feeling upset, shamed, and even scared. When this happens, you can expect their morale and their productivity levels to plummet.
What is grievance procedure?
The grievance procedure. You are responsible for the health and the safety of your staff. But you must also always act reasonably when finding the underlying cause of an allegation. When an employee comes to you with a grievance, hold a hearing to work out the details of their grievance.
What are unlawful discriminatory actions?
Unlawful discriminatory employment actions in federal jobs can include: Retaliation for raising discrimination claims or supporting discrimination claims of others. Refusal to implement reasonable workplace accommodations, usually for disabilities or religious practices.
What is unfair assignment?
Unfair assignments. Unfavorable transfers. When a federal employee feels he or she has been discriminated against illegally in the workplace , there may be more than one legal course of action, depending on the type of discrimination, the branch of government employing the individual and the applicable laws.
What is the conduct that does not negatively impact job performance?
Conduct that does not negatively impact job performance (except criminal convictions) When people think of job discrimination, what comes to mind is unlawful hiring and firing. But many other unfair federal employer actions can also amount to illegal discrimination when based on protected characteristics.
Does discrimination extend to federal workers?
But a combination of congressional and presidential actions, along with important court decisions, has largely extended discrimination protections to almost all federal-sector workers like those employed by most federal agencies and departments.
Can federal employees expect legal protections against discrimination at work?
Federal government employees can expect legal protections against illegal discrimination at work usually comparable to protections that apply to private-sector employees. Remarkably, this was not always so.
What happens if you are discriminated against at work?
If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination.
What is a charge of discrimination?
A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.
What happens if you don't file a charge with the EEOC?
If the laws do not apply to your claims, if the charge was not filed within the law's time limits, or if the EEOC decides to limit its investigation, the EEOC will dismiss the charge without any further investigation and notify you of your legal rights.
Is a FEPA charge dual filed?
If you file a charge with a FEPA, it will automatically be "dual-filed" with EEOC if federal laws apply.
Can an organization file a charge on behalf of another person?
In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.
