Employee Rights News You Can Use
The case of the....
Long Distance "FMLA Leave Affair"
A recent court ruling Baham v. McLane Food Service Inc. 5Th Cir.,
7-1-11 of an unusual case has further defined what "care" means
under the Family Medical Leave Act. The new ruling gives our employers
greater control to dictate our movements when we request and take
Read how this affects you and your family NOW!!
**What matters to me....is to help my fellow employee!**
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Date August 8, 2011
Your Basic Employee Rights Survey results!
I want to thank everyone that participated in my last survey.
It answered some important questions. I will be conducting a NEW survey soon! The objective will again be...
(1) What is the #1 workplace issue that concerns or affects you?
(2) How can You-Can-Learn-Basic-Employee-Rights.com better address
So let's get to it!
Seven Ways To Stay Informed About Employment Discrimination
Workplace discrimination is at an all time high across the board. Age, race, gender, disability and others have seen significant increases in complaints filed with the EEOC in the
last three years.
What has become glaringly evident is the assault on employee workplace rights. It has been and continues to be my privilege and pleasure to help job seekers and employees learn these rights in simple to understand language. Let's look at some steps to understanding employment discrimination.
(1) Those belonging to a "protected class" are shielded from workplace discrimination.
In United States anti-discrimination law protected class defines characteristics or factors which can not be singled out for being treated differently and harassed. A protected class is
a group of persons who, historically, have been discriminated against in the workplace, whether in encountering difficulty being hired, in being treated unfairly while on the job, in being paid lower wages for the same work other employees are doing, or in being fired without just cause.
(2) The following are characteristics defining "Protected Classes".
Genetic information - Federal: Genetic Information Nondiscrimination Act
Color - Federal: Civil Rights Act of 1964
Religion - Federal: Civil Rights Act of 1964
Age (40 and over) - Federal: Age Discrimination in Employment Act of 1967
Sex - Federal: Equal Pay Act of 1963 & Civil Rights Act of 1964
Familial status (Housing, cannot discriminate for having children, exception for senior housing)
Sexual orientation (in some jurisdictions and not in others)
Gender identity (in some jurisdictions and not in others)
Disability status - Federal: Vocational Rehabilitation and Other Rehabilitation Services of 1973 & Americans with Disabilities Act of 1990
Veteran status - Federal Vietnam Era Veterans Readjustment Assistance Act of 1974
Race - Federal: Civil Rights Act of 1964 and the Civil Rights Act of 1866
National origin - Federal: Civil Rights Act of 1964
Sexual orientation (in some jurisdictions and not in others)
(3) Job applicants in protected classes are protected from discrimination by potential employers.
(4) Targets of discrimination are entitled to a jury trial
Discrimination victims have a right to compensation and punitive damages.
(5) Employers receiving government contracts
Typically employers granted federal contracts must have equal employment opportunity documentation guidelines and affirmative action plans that use goals instead of quotas.
(6) Equal workplace opportunities
Instead of entitlements equal employment opportunity give employees equitable workplace opportunities.
(7) Objective equal employment
Employers must be fair minded when dealing with career seekers and employees. All employment decisions are to be documented objective standards.
Here's a POP QUIZ!! Answers are at the end, don't cheat I'm watching!;0)
A.Employers can assume members of specific ethnic groups, disabled and women are unable to do jobs requiring heavy lifting? True or False
B.Sexual harassment is a type of discrimination? True or False
C.Managers can use their own discretion for decisions associated with raises and promotions?
True or False
D.Older workers are entitled to the same benefits as all ages unless older employee benefits cost more? True or False
E. All employment decisions should be based on;
1) The managers likes or dislikes
2) Making all employees the same
3) Job specific criteria that is objective
F. Age discrimination in the workplace begins at 65? True or False
G.Employment discrimination hurts the workplace because it hinders access to the most qualified job applicants? True or False
H.Businesses with government contracts have to use definite quotas of diversity, women and the disabled? True or False
Let's see how good a student you are, here are the answers;
How well did you do? Don't worry everyone passes because I always grade on the curve ;o)
Until next time as always.....
Be something good to someone!
Employee Rights Educator, Coach,
Trainer, Advocate, Internet Presence Consultant
http://Employee-Rights-Questions.com (work in progress)
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Your Basic Employee Rights eNews is published the
first week of the month, 12 weeks per year. From
time to time we will publish special features that
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Note: Any and all information provided within this
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Written by Yancey Thomas Jr.
(c)copyright 2011 You-Can-Learn-Basic-Employee-Rights.com