Employment Protection
Chapter Overview
Employment conditions can be divided into three areas: health and safety, right to fair wages and benefits, and privacy rights. The government has created several laws to protect employees in the workplace. The Occupational Safety and Health Administration (OSHA) sets safety and health standards for businesses. The Fair Labor Standards Act, Equal Pay Act, Employment Retirement Income Security Act, and Family and Medical Leave Act protect employees’ pay and benefits. The Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex, or national origin. The American Disabilities Act of 1990 forbids discrimination on the basis of a disability. When you study this chapter, you will learn about a variety of laws that were implemented to protect you in the workplace.
Laws Relating to Employment Conditions and Benefits
EMPLOYMENT CONDITIONS
- Every employee has the right to certain minimum benefits and working conditions.
Health and Safety
Occupational Safety and Health Administration (OSHA) – agency within the federal government that sets safety and health standards for many companies within the U.S.
Businesses with 11 employees or more must meet OSHA standards.
Inspections
OSHA makes inspections at workplaces by making random inspections, and when a death or disaster has occurred, or when an employee files a complaint.WAGES, HOURS AND BENEFITS
Fair Labor Standards Act (also known as the Wage and Hour Law)
The working conditions during the Industrial Revolution led to the passage of several employment laws created to protect American workers.
The Fair Labor Standards Act requires certain employers to pay their workers a legal minimum hourly wage rate, plus time and a half for all work over 40 hrs per week and regulates employment for minors
Professional employees, administration, and executives are NOT covered by this act.
Equal Pay Act (an amendment to the Fair Labor Standards Act)
The Equal Pay Act states that employers engaged in interstate commerce must pay women the same rate of pay as men holding the same type of job.
The equal pay rule covers hourly workers, executives, administrators, professional employees, and outside salespeople who receive salaries and/or commission.
Employment Retirement Income Security Act
A pension plan is a program established by an employer or a union that is designed to provide income to employees after they retire.
- typically based on an employee’s salary and length of service
Family and Medical Leave Act
The Family and Medical Leave Act provides an employee of a company that has at least 50 employees is entitled to 12 weeks of leave during any 12 month period because of a birth or adoption of a child, or to care for a spouse, child, or parent who has a serious medical condition
- must work for the company for at least 1 year
EMPLOYEE PRIVACY RIGHTS
Federal Privacy Act
Government employees are given the right to restrict inspection of their employment files, be informed of the content of their employment files, and fix any mistakes that they may find in those files.
Drug-Free Workplace Act
This act applies to companies that have contracts with the federal government.
- must initiate a plan to make sure that employees do not use drugs on the job
Employee Polygraph Protection Act
Prohibits employers from using lie detector tests either for screening of employment applicants or for random testing of employees.
LAWS PROVIDING WORKER BENEFITS
Social Security Act
The goal of many employment laws is to protects workers and their dependents.
Social Security is a government program that provides continuing but limited income to workers and their dependents
- provided when employees earning stop or are reduced because of retirement, disability, or death.
- You have one confidential social security number to use throughout your life.
Unemployment Compensation Laws
Unemployment compensation is a system of government payments to people who are out of work and looking for a job
Workers are disqualified for unemployment benefits when:
- their unemployment arises out of a strike or a lockout
- if they refuse suitable work without cause
- have been discharged for misconduct
- have quit their jobs without “good cause”
Workers’ Compensation Laws
- Loss of income due to accidents, illness, or death on the job became a serious problem with the introduction of machines to industry.
Workers’ compensation is an insurance program that provides income for workers who are injured or develop a disability or disease as a result of their job.
Employers pay the cost of workers’ compensation depending on the state, they pay tax on their payrolls to fund the state’s workers’ compensation insurance fund or pay private insurers
Work Opportunity Laws
TANF stands for Temporary Assistance to Needy Families and is a program designed to counter the problems with the old welfare system.
A person receive benefits under TANF for 5 years.
Laws Regulating Employment Discrimination
DISCRIMINATION
Discrimination is defined as the unequal treatment of individuals based on sex, age, race, nationality, or religion
The Civil Rights Act of 1964
- Prohibits discrimination in employment based on race, color, religion, sex, or national origin.
If you believe you have been refused employment based on color, race, religion, sex, or national origin you can file a complaint with the EEOC (Equal Employment Opportunity Commission)
Civil Rights Act of 1991
- The new law states that the burden of proof lies with the employer when proving the existence of a business necessity.
- Allows plaintiffs who believe they’ve been discriminated against because of sex, religion, national origin, or disability to recover any back pay owed to them plus compensatory and punitive damages.
Disparate Treatment
Disparate treatment is the most obvious and direct method of discrimination.
When an employer intentionally discriminates against an individual or a group of individuals belonging to one of the protected classes it is considered disparate treatment.
An example of disparate treatment: “We don’t hire female engineers.”
Disparate Impact
- Disparate impact is indirect discrimination
Disparate impact occurs when an employer has an employment policy or criteria that appears neutral on the surface but has an unfair impact on the members of one or more of the protected classes.
- An example of disparate impact: employer hires people only over 6 feet tall
A qualification that might have disparate impact might be permitted if there is a business necessity for that qualification.
- An example of a situation where a job qualification is a business necessity: doctor needs a medical degree
Sexual Harassment
Quid pro quo harassment occurs when one worker demands sexual favors from another worker in exchange for some employment-related decision, such as a raise or promotion
A hostile working environment is created when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace, making it a distressing, humiliating, or hostile place (could include sexually explicit comments, jokes, photos, cartoons, etc.)
Pregnancy Discrimination Act
This act makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.
Age Discrimination in Employment Act (ADEA)
This act prohibits employers with 20 or more employees, and labor unions with more than 25 members from discriminating against any person aged 40 or older in hiring, firing, promotion, or other aspects of employment.
Americans with Disabilities Act
Disability is defined as any physical or mental impairment that substantially limits one or more of the major life activities.
The mission of the Americans with Disabilities Act is to provide equal employment opportunities for people regardless of any disability they might have.
Teacher Watkins Memorial High School