Employment Laws – An Overview of the Latest Trends and Rules
Written on August 25, 2010 by admin
Filed Under: Labor Law
American workforce has increased greatly. After Second World War, labor force is diversified with the entry of women, African Americans, minorities, immigrants. In order to meet the needs of the employees, government has revised and improved the employment policy in the 21 st century. New employment policies increased restrictions on the employers. As many of us are related to the American work force, there is a need to know about the policy.Developments in the Employment Law United State congress has provided many rights for the employees to advance equally. The laws provided by congress from 1967 are: Title VII of the Civil Rights Act of 1964 : Employer should not discriminate in hiring, promoting, dismissal, on the basis of: race, color, religion, sex, or national origin, provided the employer has a workforce of at least fifteen persons. Equal Pay Act of 1963 : Male and female employees should be paid equally when they perform the same or substantially similar kinds of work. Age Discrimination in Employment Act of 1967 : Use age as a determining factor in hiring, promoting, or discharging employee age forty and over, where the employer employs more than twenty employees. Employer should not discriminate older employees. This act is to protect the aged people of 40 years and above. Age at which they can receive retirement benefits from social security is also increasing. Americans with Disabilities Act : Discriminate against persons with disabilities who are otherwise qualified, with or without reasonable accommodation, to perform the essential functions of a job. According to this act employer should provide worksite accommodation for the disabled. This law applies to the mentally ill, AIDS patients and physically disabled. Employer and disabled person should engage in interactive process to encourage them to do their work perfectly. Vietnam Era Veterans Readjustment Assistance Act : Discriminate against Vietnam veterans if the employer is a contractor or sub-contractor of the federal government and its contracts equal or exceed $10,000. Occupational Safety and Health Act : Discharge an employee for reporting health or safety violations on the employer’s premises. This act is also applicable when the employee is to work in an unsafe or hazardous area without providing adequate safeguards. Family and Medical Leave Act : Deny most employees the right to take leave to provide care for a child, spouse, or other close relative in a medical emergency or related to the birth or adoption of a child. Affirmative Action or Reverse Discrimination : This act is to represent minorities while giving contracts. Certain percentage of contract is kept aside for minorities and women owned business. Other Legal Rights of Employees Employer will be held liable if any person is harassed sexually in the office premises and he doesn’t take any action. Worker Adjustment and Retraining Notification Act (WARN) provides for mandatory notice of employer plant closing and mass layoff. Defamation: Employer cannot make negative comments about the present or past employee. Employment at will: Employee or employer can terminate their relationship at any time.
Studying the developments in employment law , Peter Salazar offers an overview of the different rights and duties of the average employee. This discussion deals with the career jobs and employment of smaller entities where the number of employees is less than 50.