Employment Law

Employment discrimination laws affect employment in multifarious ways. From the moment an individual is hired until the time that he is terminated from service, these laws play an important role which should never be negated by the employer. According to the Civil rights act of 1964, employers with 15 or more employees should never discriminate their employees based on race, color, religion, sex and national origin. In addition, the Act also prohibits the eventualities of sexual harassment in the workplace for this is tantamount to sexual discrimination.

A related legislation is the Pregnancy Discrimination Act of 1978 which precludes discrimination on the basis of pregnancy, giving birth to a child or other related medical conditions. This applies to all the stages of the employment process. Another law worth considering is the Americans with Disabilities Act of 1990. As the title implies, it disallows discrimination based on an individual's disabilities. The Immigration Reform and Control Act, on the other hand, prohibits discrimination based upon grounds of citizenship and national origin. There are other laws that safeguard the rights of employees aside from those mentioned above. These laws should never be taken for granted, especially by employers, lest they suffer the consequences.

This is a term usually encountered by applicants and new employees in a job application, employment contract, or the employee handbook. Many are shocked upon knowing that they are an employee at-will: an employee that can be fired at any time, for any reason. If your boss drops you like a hot potato, you're doomed with very limited legal rights to fight your termination. In most states, a good reason is not a necessity for termination as most companies are given the freedom to adopt at-will employment policies. Many applicants and employees have signed an at-will agreement with gritted teeth, although theoretically they are not obliged to do so. Most courts have ruled that an employer can fire or refuse to hire someone who fails to do so.

But state and federal law mention reasons that are deemed illegal for terminating an employee at-will. One best example is the law against job discrimination. Practically no one can be fired because of race, religion, or sexual orientation. It is also illegal to fire an employee who complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace. Employees also cannot be terminated for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to vote or serve on a jury.

If you are a parent of a child under six years old or a disabled child under 18, the government gives you the right to apply to work flexibly. The government wants to let parents like you live a well-balanced life both as a parent and as a professional. Employers are obliged to consider these requests seriously. Parent includes mothers, fathers, adopters, guardians or foster parents, or a person married to or the partner of the aforementioned. It is important that you have worked with your employer continuously for at least 26 weeks at the date of your application, and the application should be made no later than two weeks before the child’s sixth birthday or 18th birthday of the disabled child.

Under the flexible working right, you can apply for a change to the hours you work, a change to the times when you are required to work, and to work from your home. But the right does not provide an automatic right to work flexibly. Your employer might not be able to accommodate the work pattern that you want. This right does not only aim to meet the needs of parents but also those of the employers. If such condition arises, it is encouraged that you discuss this matter with your employer to see if you can arrive at a middle ground favorable to both parties.

As one gets old, his physical capability hinders him from performing at his best. His bones weaken which causes the muscles to contract and suffer. This is the result of loss of vitamins and proteins which fuels the bones and muscles of the body to perform the task that is commanded to them by the brain. Sometimes, this is also caused by too much workload that the individual could no longer shoulder. Probably, this will not be a problem if his country has social security benefits for disabled. But most often than not, there are only few countries in the world that has an established social security system which caters to the needs of disabled individuals.

The 1944 Disabled Persons Act in United Kingdom offered various methodologies in helping disabled people become part of the productive labor force. But the Act did not pretty much address the need for a secured future for person with disabilities. This shows that employment for persons with disabilities still remains to be questionable.

To be fair to individuals with disabilities, I think it is proper for a progressive nation to give priority to such individuals. It is not their fault that they are burdened by such limitation. For sure, given an opportunity, they would like to redeem themselves by making the most of their limited capabilities. This is the area where most nations are lacking. I think, if persons with disabilities were given a chance, the task of the entire community will be easier. After all, two minds are better than one. It will also induce fellowship among individuals which will totally erase the notion of discrimination which dates back since the feudal era.

A large number of baby boomers live in this country. And as year passes, demographics would tell us that the trend in the many years to come is that it will continue this way or it may even increase. With a generation of aged men and women, it thereby creates issues centered on the discussion of retirement and health benefits and long-term health care for our elderly and disabled.

Today, more and more employers have a senior workforce. While employees are finding ways and means to extend their years in service in their companies. If these are the cases, augmenting these health and retirement benefits continue to haunt companies.

But not all companies can push their luck in providing claims of retiring employees, leading to lawsuits and charges. If these lawsuits are won in court, it will be more costly for the employers. An option for employers is to hire younger workers but this is sheer discrimination. Federal law, particularly the Age Discrimination in Employment Act, prohibits this kind of practice by employers. In addition, the ADEA is a safety net for individuals above the age of 39, making it unlawful for employers to consider age in employment decisions.

The law on Fair Labor Standards provides that the minimum wage is $5.15 per hour. This minimum wage order covers over 100 million employees that come from the private and public sector both part-time and full-time. The FLSA covers employees who are engage in, produce, sell and handle goods for interstate commerce. The annual income of the business to be covered should not be lesser than $500,000.

The Act does not cover certain institutions like hospitals, health care institutions, schools for the mentally and physically gifted, institutions devoted to learning such as preschools, elementary and secondary schools and those for higher learning. In addition government agencies are likewise exempted. There are individuals who are particularly exempted from the coverage of the minimum wage and also the overtime pay such as executive and professional employees, seamen, employees engaged in fishing operations, newspaper delivery among others.

The law also enforces penalties or sanction to enterprises who will not comply with the minimum wage such as criminal prosecution and payment of fine. Employees who have been aggrieved by their employers may likewise file a compliant in their respective local Wage and Hour Division of the Department of Labor.

Employment laws include all areas of the employer and employee relationship. Most employment laws were enacted to protect workers. It is very important that workers are protected for they are the country's biggest capital.

The Workers' Compensation Law of United States was created to ensure that workers are provided with monetary award that is fixed, in case of accident or injury in performing the job. It also states that workers should be provided with benefits including their dependents, such as sick leave and maternal leave, in case of death-related illnesses or accidents. Insurance to employers must also de provided. Other laws are designed to protect employers through limiting the amount to be given to the workers during accident.

Through the Workers' Compensation Law, the rights of every employee are guaranteed. For an employee like me, I am very positive that these laws are beneficial for the protection of life and rights whatever happen to me in performing my duty as an employee of a certain company. I know that if ever my employer abuses me in any way, I have the shoulder to rely on and this is *Workers' Compensation Law.

Approximately one million protesters crowded the streets of France in loud and riotous defiance of the currently implemented employment laws for the youth sector. Militants gathered in the city of Paris persistently insisting on the carrying out of the new law. As the police force tried to remove the troublemakers, the protesters started throwing missiles on the uniformed officers hurting and injuring almost all of them. That is when the fighting began.

Protesters were pushed by the policemen in order to hinder the progress of their procession. But, the police force was literally outnumbered by the aggressive protesters, and this lead to a more violent treatment of the militants by the police.


In desperation to break up the crowd of protesters, the police were inclined to use water cannons and tear gas. This did not hamper nor completely settle the situation since the protesters, though hurt and wet, remained in the streets until the even time. The initial reaction of the youth sector against the laws was peaceful, but then, as their number increased, the government release arrest orders to those who will continue in loud protesting. They are appealing to the French government to abolish the law that states that employers ages twenty-six and below must be automatically fired. The reason for the implementation of such policy remains debatable. However, the protesters continue fighting for their rights.

Industrial relations (more commonly known in personnel management as labor relations) is the study of the relations between the managerial hierarchy of a corporate organization and its laborers forming a trade union. It is said that industrial relations actually begins at the contract signed between the employee and a representative from the company's human resources department.

The contract outlines the employment term and remuneration. Of course, time will come when some employees will experience irregularities and unfair treatment at work. These employees are protected under law to air their grievances, and in some instances might seek the help of their union to represent them in discussions with the management.

You might find yourself being in a dead-end job even with all your hard work just because you belong to a different race. You may also have your application denied just because you're a woman. The Employment Discrimination Law prevents discrimination based on the employee's race, gender, nationality or age by employers.

The main body of this law is composed of federal and state statues. This law seeks to remove discriminatory biases in promotion, hiring, termination, compensations and other types of unfair practice in the office.

Sexual harassment is a timely topic as it can happen to anyone, anywhere. Even in the strictly formal, rule-laden business world, one is never safe from co-workers who are disrespectful of other's space, the people who will usurp their authority over powerless individuals for sexual favors. The sad thing about this is that some victims choose to remain silent, fearing that reporting such a case would mean the end of their careers.

It is important for an employee like you to know your rights. You should also know who to approach when the situation arises. The human resources department in your company can give you resources and advice. It would also be helpful to form communication groups with your co-workers that will serve as a help forum. In the United States, legislation has enumerated several examples of sexual harassment instances in the workplace, to the most subtle hint to the most obvious act.