Common Violations of Employee Rights

Table Of Contents

What Are Common Discrimination Violations?

Common discrimination violations involve unfair treatment of employees based on protected characteristics. Federal and local laws protect employees from discrimination based on race, colour, religion, sex, national origin, age, disability, genetic information, and other characteristics. An employer commits a discrimination violation when the employer takes adverse employment actions against an employee due to one of these protected traits. Adverse employment actions include hiring, firing, promotion, compensation, and job assignments.
An employer’s actions constitute a discrimination violation when the employer creates a hostile work environment for an employee due to a protected characteristic. A hostile work environment exists when harassment becomes so severe or pervasive it interferes with an employee's ability to perform job duties. The harassment must relate to a protected characteristic. Discrimination violations undermine fairness in the workplace.

Is Workplace Harassment a Common Employee Rights Violation?

Workplace harassment relates to discrimination when the harassment targets an employee based on a protected characteristic. The harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment. The harassment also becomes unlawful when the conduct becomes severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Workplace harassment also relates to discrimination when sexual harassment occurs. Sexual harassment involves unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature. Sexual harassment violates an employee's rights and creates a discriminatory work environment. An employer has a responsibility to prevent and address all forms of workplace harassment.

What Constitutes Retaliation Against Employees?

Retaliation against employees constitutes an adverse action taken by an employer because an employee engaged in a protected activity. Protected activities include complaining about discrimination, participating in an investigation of discrimination, or filing a discrimination lawsuit. An employer commits retaliation when the employer punishes an employee for exercising a legal right. Retaliation violations discourage employees from reporting unlawful workplace conduct.
An employer’s actions constitute retaliation when the employer terminates an employee, demotes an employee, or reduces an employee's pay after the employee reports harassment. Retaliation also includes negative performance reviews, undesirable job assignments, or exclusion from meetings. The employer's action must have a causal connection to the employee's protected activity. Employees have legal protection against such retaliatory actions.

What Are Wage and Hour Violations?

Wage and hour violations are an employer's failure to comply with laws governing minimum wage, overtime pay, and proper payment of wages. Employers must pay employees at least the federal minimum wage. Employers must also pay employees overtime compensation for hours worked beyond 40 in a workweek. Overtime compensation is typically one and a half times the employee's regular rate of pay.
An employer commits wage and hour violations by misclassifying employees as independent contractors to avoid paying overtime or benefits. The employer also commits violations by deducting unauthorised amounts from an employee's wages. Unpaid breaks and off-the-clock work also constitute wage and hour violations. Employees deserve fair compensation for all hours worked.

What Are Common Family and Medical Leave Violations?

Common family and medical leave violations occur when an employer denies an eligible employee leave under the Family and Medical Leave Act (FMLA). The FMLA allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. An employer violates the FMLA by refusing to grant leave for the birth of a child, care for a seriously ill family member, or an employee's own serious health condition. The employer must comply with FMLA regulations.
An employer commits family and medical leave violations by failing to restore an employee to the same or an equivalent position upon return from FMLA leave. The employer also violates FMLA by interfering with an employee's FMLA rights. Discriminating against an employee for taking FMLA leave also constitutes a violation. Employees have a right to job-protected leave for qualifying reasons.

What Are Whistleblower Protections and Violations?

Whistleblower protections and violations refer to employee safeguards. Whistleblower protections shield employees. Employees report illegal activities. Employees report unethical activities. The activities occur within an organisation. Whistleblower protections encourage employees. Employees provide information. Information concerns fraud. Information concerns waste. Information concerns abuse. Employees have no fear of reprisal. An employer violates whistleblower protections. An employer takes adverse actions. Adverse actions target an employee. The employee makes disclosures. Adverse actions include termination. Adverse actions include demotion. Adverse actions include harassment.
An employer commits whistleblower protection violations when the employer punishes an employee for reporting a company's safety violations. The employer also commits violations when the employer retaliates against an employee for reporting financial misconduct. Whistleblower protection laws are in place to safeguard employees who act in the public interest. The laws prevent employers from silencing important disclosures.

FAQS

What is a protected characteristic?

A protected characteristic is a personal attribute legally protected from discrimination in employment. These characteristics include race, colour, religion, sex, national origin, age, and disability. Employers cannot base employment decisions on these traits.

How does age discrimination manifest in the workplace?

How does age discrimination manifest in the workplace? Age discrimination manifests in the workplace when an employer treats an employee or applicant less favourably due to the employee's or applicant's age. This often affects individuals aged 40 or older. Examples include refusal to hire or refusal of promotion based on an individual's age.

What defines a hostile work environment?

A hostile work environment is created when unwelcome conduct based on a protected characteristic becomes severe or pervasive. The conduct must make the workplace intimidating, hostile, or abusive. A reasonable person must find the environment offensive.

When does an employer commit wrongful termination?

An employer commits wrongful termination when the employer fires an employee for an illegal reason. Illegal reasons include discrimination, retaliation for protected activities, or violation of an employment contract. The termination must violate a law or agreement.

What are an employee's rights regarding workplace safety?

An employee's rights regarding workplace safety include the right to a safe work environment. Employers must provide a workplace free from recognised hazards. Employees also have the right to report unsafe conditions without fear of retaliation.

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