There are numerous laws and regulations that protect employees.
Employers that fall within the jurisdiction of federal, state or local discrimination laws, cannot make employment decisions or allow harassment of employees based on race, color, sex, national origin, age, disability or religion. Additionally, laws protect those individuals who file workers’ compensation claims or complain about violations of laws.
Further, most employees are entitled to receive at least the minimum wage and overtime for all hours worked over forty in a work week, with some exceptions.
Employers often consult legal counsel and their Human Resource departments before making important employment decisions. Although an employer’s Human Resource Department can provide valuable information, those employees obviously work for the Employer. Thus, if you think you are subject to mistreatment at work, it is imperative that you consult legal counsel who is looking out for your best interests.
If you have questions about your rights as an employee,contact Darren McClain, a lawyer who only has your best interest in mind.
Discrimination and Harassment Based on a Protected Characteristic Is Prohibited
Several Federal, State and Local laws protect against discrimination and harassment in the
workplace. When you are employed by a covered employer, the law protects you from discrimination or harassment based on race, color, national origin, age, sex disability, religion and other protected characteristics. Equality and freedom form the foundation of our civil system, and violations of these basic principles should be treated with swiftness and severity.
Have you been treated unfairly in the workplace? Has a manager, co-worker or other business associate used your color, national origin, sex, age, disability, religion or protected characteristics to impose negative consequences on you or alienate you from the group?
Workplace discrimination can take many different forms, and employees often may not realize its lasting effects in the place of employment. Many times discrimination goes uncorrected because the victim is too frightened to speak up or workplace discrimination may sometimes be hard to define and/or prove.
What does workplace discrimination look like?
Typically, discrimination occurs when an employee is denied a job, a promotion, receives adverse employment action or is disciplined or discharged based on a protected characteristic.
Disability discrimination occurs when a covered employer treats a qualified individual with a disability unfavorably because she has a disability, a history of disability or because the employer believes the employee has a disability whether it is a hiring or termination decision or any decision that impacts the terms or conditions of employment.
Covered employers must provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer, an undue hardship.
The law also protects people from discrimination based on their relationship with a person with a disability, even if they do not themselves have a disability. For example, it is illegal to discriminate against an employee because her daughter has a disability.
Workplace harassment is in many ways the antithesis of healthy and productive workplace behavior. A hostile work environment hampers growth and stability in the workplace, wasting time for employees and employers alike. Over the years Mr. McClain, has seen hundreds of employees suffer from workplace harassment and witnessed the negative impact it can have on the quality of life for all parties involved. Unwelcome comments or conduct, based on a protected characteristic, create an antagonistic and unfriendly setting that impedes the facilitation of growth and the healthy advancement of business objectives.
What is considered harassment?
Severe or pervasive remarks or behavior based on race, color, national origin, sex, age, disability, religion, or any other legally protected characteristics that excessively affects work performance or creates an unhealthy or intimidating environment may constitute workplace harassment.
Harassment claims require proof. Gaining the correct evidence and factual information needed to effectively present a legitimate workplace harassment claim can be a draining and laborious process. If you feel that you have been harassed in your workplace environment and that a hostile situation has been created as a result of this unfavorable behavior, Mr. McClain is available to speak with you regarding the specifics of your case.
Employees Are Protected from Retaliation When They Engage in Protected Activity
When you make a complaint regarding unlawful discriminaiton or harassment, you are protected from retaliation. Retaliation can take the form of dismissal, reduction in pay or hours or other negative treatment that results in worse terms or conditions of employment.
Thus, when you believe you are subject to discrimination or retaliation, it is very important that you make the employer aware and follow it the employers’ established proceeds for filing a complaint.
Workers’ Compensation Retaliation
Employees Who Attempt to File a Workers’ Compensation Claim Are Protected
When you suffer a workplace injury, you should immediately notify your employer and follow its procedure for reporting a workplace injury. Once you have attempted to report a workers’ compensation claim, your employer cannot retaliate against you for reporting or filing that claim.
Do Not Sign that Contract without Consulting an Attorney
Employers sometimes require employes to enter into a contract related to their employment that can include employment agreements, non-competition or non-solicitation agreements and separation agreements. These agreements contain valuable legal rights.
Employers sometimes have questions regarding employment law but do not want to pay a big firm prices. Darren McClain provides consultation services to employers related to several employment law issues, including:
- Policy Development and Review
- Wage and Hour
- Termination Decisions
- Contract Review
Darren D. McClain takes great pride in the fact that he is able provide his clients with prompt and aggressive representation for all their employment law needs. For more information please visit www.tampaemploymentlawyer.com.