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Matters
relating to the employment relationship, including employee status, hiring
and firing, discrimination in employment, the law of pensions and benefits,
workers compensation.
- Employment
Relations
The law generally looks at employment as a matter of contract. Thus,
in many questions of employment law, the first question is whether the
relationship involves employment or some different kind of contractual
relationship, such as independent contractor.
- Discrimination
in Employment
Federal law prohibits employment discrimination because of race, color,
national origin, legal alienage, sex, pregnancy, religion, age, disability
and union activity. Most state laws protect workers on the same grounds
as federal law. Some state and local laws also protect workers against
discrimination for some added reasons such as marital status, sexual
orientation or preference.
- Americans
with Disabilities Act
The Americans with Disabilities Act of 1990 (ADA) provides that private
employers who: have at least 15 employees; or are state and local governmental
employers; or are employment agencies; or are unions; may not discriminate
in employment against qualified individuals with disabilities. The ADA
also protects individuals with disabilities from discrimination in public
services and accommodations.
-
Employment Discrimination
Title VII of the Civil Rights Act of 1964 protects against discrimination
in employment because of race and 42 U.S.C., section 1981 prohibits
race discrimination in contracts, including employment contracts. While
the term race is not defined, the law prohibits all race
discrimination. Thus, a white, just as a member of a racial minority
group, is protected against employment discrimination.
- Family
Medical Leave Act
The federal Family and Medical Leave Act (FMLA) entitles an eligible
employee up to 12 weeks of unpaid leave of absence within any 12 month
period for three reasons: 1) The birth or adoption of a child with the
leave taken within the first 12 months the child is with the family;
2) A serious health condition of the employee that prevents them from
performing their job; 3) The serious health condition of a spouse, child
or parent requiring the employee's care. Both men and women employees
are entitled to parenting leave.
- Harassment
Sexual harassment on the job violates Title VII of Civil Rights Act
of 1964 where the harassment is because of sex. Even if the harasser
is the same sex as the victim, harassment violates Title VII as long
as the harassment can be shown to be because of sex.
- Pensions
and Benefits
The law does not require employers to provide employees with pensions
or other fringe benefits, such as health insurance, but federal law
does give tax breaks to employers that do provide such benefits if the
plans are "qualified" plans. The federal Employee Income Security
Act (ERISA) regulates the pension and fringe benefit plans that employers
provide their employees.
- Workers
Compensation
A combination of federal and state laws protect workers from injuries
suffered on the job. The federal Occupational Safety and Health Act
(OSHA) requires employers to comply with specific health and safety
standards promulgated by the federal Occupational Safety and Health
Administration as well as a general duty to maintain a workplace free
from recognized hazards to workers. Workers can file complaints with
OSHA and are protected from retaliation by their employers if they do
file charges or assist in the investigation by the government, but workers
cannot themselves bring court actions to enforce the OSHA law.
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Wrongful Termination
When
an employee is discharged, the first question is whether the employee
is protected by a job security system, such as civil service, a collective
bargaining agreement, academic tenure, or other promise of job security
made by the employer. If the employee has job security, the employer
must have good cause for discharge.
Megs Group
email:law@megsgroup.com
803 Rohit House,3,Tolstoy Marg, New Delhi - 110001, India
Telephone: +91 11 23314117, Fax: +91 11 23739117
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