Legally speaking, it is illegal for employers to retaliate against an employee for reporting a violation of employment law by their employer. However, employers often take retributive measures against employees anyway, resulting in substantial professional consequences for employees who are simply trying to do the right thing. But what exactly is retaliation in an employment law context, and what should you do if your employer retaliates against you?
Category: Discrimination
New York Employment Lawyer, Steven M. Sack discusses work-related discrimination (on the job, wrongful termination, and more).
How Dress Codes Can Result in Job Discrimination
As a general rule, dress codes are legal for employers to have. As Steven Sack notes in his book, “Fired!”, “[dress codes] are legal provided the policies do not unfairly impact a group of workers such as females.” But what do you do when a dress code does unfairly discriminate against a group of people, and what does that look like?
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Five Potential Signs of Disability Discrimination
Disability discrimination is sadly a common experience in workplaces across the country. While the Americans With Disabilities Act (ADA) is meant to protect disabled workers from discrimination, they nevertheless face hurdles that can make it harder for them to support themselves. Here are five potential signs of disability discrimination you should look out for in your workplace:
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Five Signs of Sexual Harassment in the Workplace
Sexual harassment is a sadly common phenomenon in workplaces across the United States, with more than 25,000 sexual harassment claims reported to the EEOC every year. Unfortunately, however, many time sexual harassment goes unreported and unaddressed, in part because people do not recognize the signs. Here are five signs of sexual harassment you should watch for in the workplace:
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Have You Been Discriminated Against at Work?
Every year, more than 100,000 people file discrimination claims with the Equal Employment Opportunty Commission (EEOC), the federal authority in charge of investigating workplace discrmination claims. However, this shockingly large number is still thought to include a great deal of underreporting, in part because people do not always recognize when they have been the victim of discrimination. So how do you know if you have been discriminated against at work?
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What is the FMLA, and How Does it Help You?
A surprising number of American workers do not realize they are entitled to family and medical leave under federal law. This law, known as the Family and Medical Leave Act (FMLA), protects many workers by giving them a certain amount of leave every year for family or medical issues. But what is the FMLA, and how does it help employees?
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What is a “Protected Class” in Employment Law?
In the context of employment law, one of the most important legal ideas to understand is that of the “protected class.” This term has been the source of some controversy, but it is essential to understanding how employment discrimination cases work. But what exactly is a protected class, and how do you know if you belong to one? Continue reading “What is a “Protected Class” in Employment Law?”
Congress Outlaws Mandatory Arbitration in Sexual Harassment Cases
Congress has successfully passed a law that would make it illegal to enforce mandatory arbitration clauses in employment contracts for sexual harassment and sexual assault cases. This measure, which is expected to be signed into law, is intended to protect employees from being trapped in private arbitration. This, in turn, could help victims of sexual harassment and assault in the workplace to get the justice they deserve.
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Federal Court Denies Dismissal in Painkiller Discrimination Case
A federal court in Ohio has dismissed a motion for summary judgment in a case where a prospective employee was not hired after disclosing he used a prescription opioid painkiller. The case is a sign of the stigma that many people with chronic pain face as they seek employment in their respective fields. However, the plaintiff’s own motion for summary judgment was also defeated, meaning the case may have a long way to go before it is resolved.
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How Do Employers Use Performance Reviews Against Employees?
Performance reviews are a regular part of almost every job in existence, with employees evaluated based on their ability to adequately perform their job duties. In theory, these are innocuous, a sensible part of ensuring employees are on task and doing their jobs. In reality, however, performance reviews can be used as a tool to deprive employees of their pay and benefits, and to conceal potentially illegal labor practices. Continue reading “How Do Employers Use Performance Reviews Against Employees?”
