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It's a common story: A woman is a superstar at work, but as soon as she announces that she's pregnant, she's falls out of favor with her supervisors. Or a woman goes on maternity leave, only to get laid off while she was away from her job. Or a woman applies for a job, but the prospective employer seems to lose interest when they learn she is pregnant.
The Pregnancy Discrimination Act of 1978, an amendment to Title VII of the Civil Rights Act of 1964, makes it unlawful for an employer to discriminate against you because of your pregnancy. Unfortunately, many companies fail to heed the law.
The PDA says that discrimination due to pregnancy, childbirth or related medical conditions is unlawful sex discrimination. It requires employers to treat pregnant women in the same way as other job applicants or employees with similar abilities or limitations.
The PDA covers hiring, pregnancy and maternity leave, health insurance and fringe benefits. Under the PDA:
If you think you are or will be discriminated against because of your pregnancy:
If you're unable to resolve the problem through dispute resolution processes at your company or with your union, you may have to file a complaint with a government agency. You can file charges against the employer with the US Equal Employment Opportunity Commission, and with state or local agencies that enforce anti-discrimination laws. There are very short time limits on how long you can wait to file a charge against your employer, so it's important to act quickly when making an EEOC complaint.
To prove pregnancy discrimination, you must first show that your employer knew you were pregnant. You must also show that, because of the pregnancy, your employer took some adverse employment action against you or denied you benefits that other employees received. You may also win your case if you can show your employer systematically discriminated against pregnant employees and/or job applicants. You're not required to prove that your employer acted intentionally or with any ill will.
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I spent part of my childhood living in the Middle East, where my Dad was on assignment for a large oil company. It was a fascinating experience, and I got a crash course in Islam.
The Muslim holy month of Ramadan begins tomorrow. Devout Muslims observe the month by fasting daily from sunrise to sunset. If you've ever fasted for a day, you know it's not easy. Now imagine doing that for more than half a day, every day for an entire month.
When my family lived in the Middle East, people's daily routines were different during the month of Ramadan. Stores were often closed during daylight hours and reopened late in the evening. Even people who held office jobs worked different hours so they could be at the office soon after sunrise--not long after they'd last eaten--and home in time to break their fast.
If you're Christian in the United States, you may not have given much thought to how people of other religions observe holidays. After all, many Christians in the United States take it for granted that they won't have to work on religious holidays. With the exception of some retail stores, most companies close entirely for Christian holidays, including Good Friday, Easter and Christmas. But what if you're Jewish and observe Rosh Hashanah and Yom Kippur, when work is forbidden? What if you're Muslim and want to pray five times daily, even though some of those prayer times fall during business hours? What if you are you are a Sikh man who wears a turban but works at a business that wants you to wear a baseball hat with the company logo on it?
It is against the law for your employer to treat you differently or to harass you because of your religious, moral and ethical beliefs. Your employer must respect your sincere and meaningful religious beliefs, and must make a reasonable effort to accommodate your religious practices unless they cause an undue hardship on the company.
Reasonable accommodation means that the employer should be able to make small adjustments in your work schedule, working conditions or work requirements that will allow you to continue working and still practice your religion. Examples of reasonable accommodation include:
If you need accommodation for a religious reason, you should give your employer sufficient advance notice so that some reasonable adjustment to your employment can be made. However, the employer does not have to accommodate your religious beliefs, if it can show an undue hardship.
Examples of undue hardship include:
If your employer discriminates against you on the basis of your religion, you may be entitled to relief in the form of back pay, hiring, promotion, reinstatement, front pay, reasonable accommodation, or other forms of relief. Title VII of the Civil Rights Act of 1964 also allows you to recover your attorney's fees.
If you believe that you've been discriminated against on the basis of religion in your employment, an employment discrimination attorney can help you review your options.
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Stereotypes. We encounter them every day. Boys are better at sports. Asians are better at math. Women are more emotional. Gay men are more creative. Southerners are more hospitable. Young people have more energy.
But the simple truth is, you shouldn't make assumptions--positive or negative--about people based on the color of their skin, or their age, or their sexual orientation, or their religion, or their gender, or their physical capabilities.
Discrimination can occur in a number of ways, including:
A host of federal, state and local laws exist that prohibit discrimination in the workplace. However, these laws don't necessarily protect all groups from discrimination. (It's ironic, but you could say that some of the anti-discrimination laws actually discriminate against certain groups because the groups are omitted from the laws.)
If you're job hunting and worried about potential discrimination, or if you're in a position to hire or promote employees, or even if you just want to be a good advocate on behalf of others, it makes sense to familiarize yourself with the relevant anti-discrimination laws.
Federal Anti-Discrimination LawsA number of federal laws protect employees and job applicants against discrimination. These include:
In some instances, state and local laws may be stronger than the federal anti-discrimination laws, or may protect additional classes of people from discrimination.
For example, there is no federal law prohibiting discrimination based on sexual orientation at private companies (though such a ban does exist for employees of the federal government). But California, Connecticut, Hawaii, Massachusetts, Minnesota, Montana, Maryland, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont, Wisconsin and Washington, D.C., all have laws prohibiting discrimination because of sexual orientation in the workplace. Eight additional states (Colorado, Delaware, Illinois, Indiana, New Mexico, New York, Pennsylvania and Washington) also have laws against sexual-orientation discrimination in public employment. And some counties and cities also have local laws that prevent private employers from discriminating against gay and lesbian workers.
Steps to Take if You've Experienced DiscriminationThe Equal Employment Opportunity Commission, or EEOC, is the government agency responsible for enforcing anti-discrimination laws.
Even if there are no laws protecting you from discrimination and your employer doesn't have a specific policy on the issue, you may still have a legal claim based on other types of laws, such as:
If you've been discriminated against, you may be able to recover back pay, reinstatement, future pay or future pay changes, a reasonable accommodation or other relief. In addition, if you were not hired, the employer may be required to hire you.
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I have a confession to make: I'm a news junkie. I work from home, and for at least a couple hours a day, I have the TV turned on and tuned to CNN. Often, it's just on mute, but when the breaking news banner appears, it catches my attention.
In recent days, there seem to have been a slew of stories about people who were hurt or killed on the job. Earlier this month, a driver struck and killed a highway worker in Wisconsin. Last week, two workers died and dozens were injured in an explosion at a food plant. The next day, a security guard was shot and killed at the U.S. Holocaust Memorial Museum in Washington, D.C.
Whether you're working in a factory or office building, dealing with the public or just other co-workers, every job has its risks. But regardless of what type of job you hold, you're still legally entitled to work in a safe environment.
The Occupational Safety and Health Act (OSHA) requires employers to:
As an employee, you are legally permitted, under OSHA, to question unsafe conditions at your workplace and to request inspections. You can also file a lawsuit asking the court to require your employer to fix unsafe conditions. By law, your employer can't retaliate against you for making these requests.
In general, there are hundreds of OSHA safety standards covering:
OSHA regulations also allow you to walk off the job if there is an "immediate and substantial danger." Make your own health and safety your top priority. If you're injured, make sure that the workers' comp claims processor knows your injury occurred because of a possible violation of state or OSHA safety laws. This may make you eligible for more .
If you feel unsafe in your workplace or if you are injured at work, talk to your supervisor about fixing potential hazards. If your supervisor doesn't respond promptly, put your concerns in writing and give them to your supervisor and other appropriate managers.
If the safety hazard remains, file a complaint with your local OSHA office. You can also file a complaint with any appropriate local or state government agency that may have jurisdiction over your particular safety concern. If OSHA sends out an inspector, you should cooperate with the inspector. OSHA can order your employer to repair unsafe equipment, clean cluttered areas, put new storage or other procedures in place, or remove all workers from the area where the danger exists.
If necessary, OSHA can ask a court to order your employer to follow OSHA standards for workplace safety.
Protection Against RetaliationOSHA laws protect you from being fired or disciplined if you've:
Generally, you can't be fired or disciplined for refusing to do work if:
If you feel your employer has retaliated against you because you have reported safety violations, report your concerns to the Department of Labor and OSHA within 30 days of the retaliatory action to be protected under OSHA laws. If investigators determine that your firing or discipline was retaliatory, OSHA will require your employer to restore your lost benefits.
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Ask anyone who's ever been unemployed and they'll tell you that it seems as if our nation's unemployment laws were written by people who have never ever actually been unemployed. Sure, many of the benefits sound good until you start adding up the associated costs of those benefits.
Take COBRA, for example, which gives many unemployed people the right to stay on their employer's health-care plan for up to 18 months after leaving their job. We all read about how hard it is to get private health insurance, so that sounds like a great benefit, until you realize it could easily cost you and your family $1,000 a month in premium payments. When money isn't regularly flowing into your bank account, it's hard to imagine writing a large check each month for health-insurance coverage.
Another example: Your unemployment benefit--that check the state gives you each week--is taxable income. So the government writes you a check, then wants some of that money back. Ironic, isn't it?
The recently passed stimulus package, more formally known as the American Recovery and Reinvestment Act of 2009, actually tries to make things financially easier for unemployed people. Among the changes:
If you are unemployed, these changes may not completely ease your financial burden. But they will put more money into your pocket for a longer period of time, and they'll make it easier to obtain affordable health care. Pay attention to blogs like this, and the news and information from your state's unemployment office, because many of these temporary benefits may be extended or made permanent.
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When I turned 16, my parents encouraged me to get a summer job. I worked at a clothing store one summer and as an office temp for another couple summers.
One summer I saw an ad that promised great things--flexible work hours and high pay--for selling books door to door. It was a job that overpromised and under-delivered. On the second day, I shadowed a more experienced salesperson. We walked up to one house, knocked on the door and the homeowner answered brandishing a gun. We quickly left the property, and I never returned to that job. I valued my life, and didn't want to lose it while working a lousy summer job. (I went back to temping after that!)
As the school year winds down, your kids may be starting looking for summer jobs. In this lousy economy, there's likely to be more competition for job openings, and fewer opportunities. As a parent, you probably want your kids to become more responsible and learn the value of a dollar. But where do you draw the line if traditional summer employment opportunities aren't available? You want to encourage your kids to find summer employment, but you also want them to be safe.
The federal Fair Labor Standards Act (FLSA) and state laws are designed to ensure the safety of people aged 18 and younger in the workplace.
The FLSA sets the minimum age at which children can work in certain jobs. For example:
Children under the age of 14 can:
Children age 14 and 15:
Hazardous jobs include:
Children who are at least 16 years old can work in any job classified as "non-hazardous." In addition, there are no limits on the number of hours a day or number of days a week that children 16 and older can work.
Some states have laws that are more stringent than the FLSA and place more limitations on the types of work that children can perform and the hours they can work. In these states, the more stringent laws apply.
Employers that hire teenagers should be familiar with these laws, but some may not be aware of them. Before your child accepts a job, talk them about the hours and what the work entails. If it sounds like a potentially dangerous job, check the FLSA rules as well as your state's labor laws to see if it's a job your child can legally perform. But also trust your gut. Some jobs just aren't worth it.
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I'm the first to admit that I don't follow college basketball. Sure, I'm likely to hear about it if my college team had a big upset or is playing particularly badly. But I couldn't tell you which team is at the top of the rankings. And I certainly couldn't talk about the best
players in the game. But that didn't stop me from organizing a March Madness office pool for a few years.
Every year this time, the annual NCAA Basketball Tournament becomes a central topic of discussion. Because of its format, it's a fun event to bet on. When the stakes are low, even the most casual fan enjoys testing his or her luck and hopes for a big payoff. After all, what's a $5 or $10 investment if it lets you spend two weeks trash-talking your friends and co-workers (all in good fun!), while regularly checking the accuracy of your picks and becoming an overnight supporter of a bunch of teams you'd never before cared about?
So popular is the game, and betting pools, that the White House recently released President Obama's picks for the tournament. (For the record, he's rooting for North Carolina to win.)
The catch, of course, is that office pools are technically illegal.
Most states and many cities have laws that make it illegal to bet on sports. And even if you live in a place like Atlantic City or Las Vegas, where it is legal, the laws require you to have a gaming license.
Of course, most law enforcement agencies are unlikely to go after the office betting pool--even if someone calls to complain--because they have limited resources and more important crimes to deal with.
If you decide to organize or participate in your office betting pool, perhaps you should spend less time worrying about law enforcement and more time worrying about what your boss may think.
A recent survey by Careerbuilder found that 18% of employees participate in office pools. When you add up the time spent filling out the bracket, checking your standings, talking about it with co-workers and stealthily watching during office hours, that adds up to a lot of lost productivity. Some companies have traditionally turned a blind eye to March Madness pools, and others have even officially sanctioned it. But in this age of layoffs, budget cuts and declining revenue, many companies may not be happy to realize their
employees are spending so much time thinking about basketball when they should be thinking about business.
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Discrimination is an ugly word. It doesn't just affect women or people of certain ethnic groups, it affects everyone. One of the more visible and widely growing forms of discrimination is age discrimination.
I personally know several very talented, brilliant seniors who have been turned down for jobs they were perfectly suited for because of their age. It's not only wrong, but it's also illegal. It's been going on for years, but with the changes in the economy, it's probably going to become a lot more obvious. That's because not only will people be discriminated against in job searches, but also in downsizing and layoffs.
Companies want to hire younger workers, they also want to keep younger workers. That means that older workers should be aware of their rights when it comes to getting jobs and losing them.
Like any other form of discrimination, age discrimination is not always easy to prove. However, if the vast majority of layoffs at a company are of older workers there could be a problem. There is a lot of wiggle room for companies to argue that what they're doing is not discriminatory. For example, it's possible that the older workers may have been there longer and as such earn more than the younger ones. Given the choice between laying off a more expensive employee and an equally competent cheaper employee, a company is likely to maximize its dollars by laying off the more expensive employee.
Like all forms of discrimination, age discrimination must be fought and it's going to take the American workforce to stand up and cry foul. Age discrimination is based on outdated stereotypes and life expectancies that were many years shorter.
With many people losing their retirement funds, a lot of seniors are contemplating going back to work. This increase will probably help highlight the discrimination in hiring practices.
If you believe that you or a family member has been discriminated against because of their age or any other reason, consult with an attorney. An attorney will let you know what your options are and should be able to give you a pretty good idea what the strengths and weaknesses of your case are.
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Do you know when your employer has the right to fire you? If you're like most workers in the United States, the answer is "whenever they want to." Most employment contracts will state that the employment is "at wil.l" This means that whenever the employer wants to let you go, they can. This can make for a lot of uncertainty, especially in tough economic times. The truth is, only a few employment contracts state that the employer has to have just cause to fire you.
The nice thing about at will employment is you, the employee, also have the right to quit whenever you want to, for any reason or for no reason. The at-will contract is a two-way street offering the same benefits, and disadvantages, to both parties. It means that you can walk away from your employer at any time, even if you're leaving in the middle of an important project or the loss of your skill or expertise will hurt the company.
You should read every employment contract carefully—and also employee handbooks—when accepting a new job. The contract lays out the agreement between the parties and it will almost always say that the job is at-will. If it doesn't say at-will in the contract then your company does not have the right to fire you for no reason whatsoever. Oftentimes, contracts that don't have an at-will provision will instead have it set up so that you can be fired for just cause. What “just cause” means will differ from company to company and you will need to familiarize yourself with the rules and procedures.
So, you might be asking yourself what you can do if you've been fired or you're afraid you might be. If you have a contract that requires just cause for firing, and there does not seem to be a just cause as defined by your company, then you might have a case against your employer for breach of contract. Many union positions have these kinds of contracts and you'll want to consult not only your employment agreement but also your union official. If, however, your employment contract states that you have at-will employment, there is very little you can do unless you can show that your termination was due to discrimination.
That's right, discrimination trumps at-will clauses. Companies are not allowed to discriminate on the basis of race, gender, creed, religion, or age. If you feel that you were fired because of such discrimination, then you should seek the advice of an attorney. You should be aware, however, that this could be very hard to prove. If, however, you think you can show compelling evidence, such as something written in a termination letter, then it might be worth your time and effort to see what you can do about it. At that point you have to ask yourself what your goal is, because odds are that you wouldn't want a job back at a place that was discriminating against you!
If you have questions about current employment contracts or ones you are thinking of signing, ask an attorney. It's always best to know what you're agreeing to and what your rights and obligations are when you sign on the dotted line.
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