afford to buy food, pay rent, or get medical care. Because of this, it can be tempting to walk on egg shells around a boss or company that is violating your rights. However, federal laws and statutes have been set in place to protect employees from discrimination, harassment, inequality, and other abuses of power.The basic workplace rights
According to the EEOC, every employee has similar rights, regardless of age, sex, gender, and race. Among these rights are:
Equal Pay: The Equal Pay Act mandates that men and women be paid equal pay for an equal amount of work when working at the same place. This law includes all forms of pay such as salary, overtime pay, commission, bonuses, stock options, vacation and sick pay, and health coverage.
No Discrimination: Another law mandated by the federal government is the Age Discrimination in Employment Act. This law states that no one can be discriminated against based on age. Other forms of discrimination – such as that based on religion, race, gender, nationality, pregnancy, and disability – are made illegal through the Civil Rights Act and Americans with Disabilities Act.
Fair Labor: The Fair Labor Standard Act enforces minimum wage and child labor laws. If an employer pays below minimum wage or allows a child to work beyond a set amount of hours, they are in violation.
Safety: Another right for all employees is the right to safety. OSHA enforces this right and makes sure that those in the workplace are protected against hazardous substances and unsafe environments.
Basic Human Rights: In a workplace, you also maintain your basic human rights. In other words, you have a right to be protected from abuse, harassment, threats, and invasions of privacy.
The loopholes
Perhaps one of the biggest problems with reprimanding companies who violate employees’ rights is being able to prove this violation. If a female employee believes she was passed over for a promotion because of her gender, the employer may assert that she was passed over because someone else was just more qualified. It then can become a game of he said/she said, with neither side being proven.
Another example involves age discrimination. While an employer is not legally allowed to ask someone how old they are, between their résumé (likely listing the year they graduated high school or college) as well as the plethora of info available on the Internet, it’s probably not too difficult to make an educated guess. Thus, once an employer knows the age of the applicant, it may factor into the hiring decision. But again, this isn’t simple to prove.
Lastly, while the law enforces equal pay for equal work, this can also prove futile. As it is written, the law mandates that pay is based on job responsibilities, rather than job title. Hence, if an employer wants to pay men more than women, he could simply add in a job responsibility that most women would be incapable of doing (such as tasks that require a great amount of upper body strength).
What you can do
While the violation of employee rights may not be noticeable, to believe it doesn’t exist would be naïve or, perhaps, idealistic. The good news is that anyone who believes their rights have been violated can seek legal action.
The best way to go about doing this is by talking to a lawyer who specializes in workplace or employment law. He or she will be able to weigh the validity of your case and help you devise a plan of action. However, it is important to remember that time can be of the essence; many violations have a statute of limitations (often two years) from the date of violation to the date you can seek legal action.
About the Author
Mark Cunningham, entrepreneur, small business supporter and worker rights advocate.
