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Labor Employment Attorney |
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Should I hire a Labor and Employment Attorney?
If you are involved with a dispute involving such issues as wrongful termination, sexual harassment discrimination (gender, age, religion, disability, pregnancy, national origin, race), wage and overtime issues, employment contracts, negotiation of severance packages, or public sector employee issues you should immediately consult with a qualified employment attorney . Businesses will also typically retain an employment attorney to provide counsel on the businesses rights and options under labor and employment laws and provide advocacy, including representation in mediations, arbitrations, and litigation. Retaining an attorney for these and other similar purposes will save businesses a lot of legal hassles down the road.
Labor Employment Attorney
Labor Employment AttorneyLabor and Employment attorneys help employers with the following:
- Reviewing client employee handbooks, manuals, and policy statements.
- Assisting with federal and state wage and hour law issues and claims.
- Representing employers before the Equal Employment Opportunity Commission (EEOC) and state human rights agencies.
- Providing advice on issues involving National Labor Relations Board (NLRB) representation elections including campaign assistance.
- Representing employers in unfair labor practice proceedings before the National Labor Relations Board and state labor agencies.
- Providing representation for grievance and arbitration hearings under collective bargaining agreements.
- Collective bargaining on behalf of clients including strategic planning and acting as spokesperson.
- Counseling on issues related to strikes or lockouts, and providing related litigation support.
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Labor Employment Attorney |
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Employment Discrimination
Since the Civil Rights Movement of the 1960s, federal and state governments have enacted a number of laws that bar an employer from discriminating against employees on almost any grounds, aside from the quality of the employee's work or the nature of his or her personality. Following is an introduction to the law of discrimination in employment.
Race, National Origin, Gender, and Religion
The best known of employment anti-discrimination laws, Title VII of the Civil Rights Act of 1964, prohibits an employer with fifteen or more employees from discriminating on the basis of race, national origin, gender, or religion. Under Title VII, it is illegal for an employer to take any of the following actions against an employee based upon his or her race, national origin, gender, or religion:
- Refuse to hire;
- Discipline;
- Fire;
- Deny training;
- Fail to promote;
- Pay less or demote; or
- Harass.
In addition, it is illegal for an employer to adopt a policy or practice that has a "disparate impact" on a protected class, such as by adopting hiring criteria that tend to screen out women or minority group members, or by instituting a required test for promotion on which a particular class tends to score badly. Such a policy or test, like a specific policy that only men or women can have certain jobs, is legal only if it can be deemed a "bona fide occupational qualification." An example is a strength test that tends to screen out women, but is a necessary test for fire fighters who must be able to carry victims down tall ladders. |
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Sexual Harassment: What is it?
Sexual harassment is a serious problem in America. It is not just the victimized employees who experience the crushing emotional injuries of sexual harassment for a long time, nor is it just the harasser who feels for years to come the sting of laws that prohibit sexual harassment. In a society with attention focused on eliminating sexual harassment, how do we learn to draw the line between acceptable behavior and unlawful harassment? In other words, how do we define sexual harassment? How does a court review a sexual harassment claim?
Definition
- In the federal context, sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Accordingly to the Equal Employment Opportunity Commission (EEOC) "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
- There are two different types of sexual harassment claims, although the manner in which a court will distinguish between the two for purposes of deciding whether harassment has occurred has become blurred in recent years:
- Quid Pro Quo: Sexual harassment that occurs when a supervisor or one in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.
- Hostile Work Environment: Sexual harassment that occurs through the presence of demeaning or sexual photographs, jokes or threats. The inappropriate behavior or conduct must be so pervasive as to, as the name implies, create an intimidating and offensive work environment.
- Each state is different with regard to protections against sexual harassment. For example, Alabama allows for an employee to sue an employer for sexual harassment based on a theory of invasion of privacy. Vermont law, in comparison, requires every employer to adopt a policy against sexual harassment. Other states have no specific law prohibiting or punishing sexual harassment.
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