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Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. They are also responsible for paying their own taxes directly to the Internal Revenue Service from the first dollar, since their taxes are not withheld by the employer. If you have a question as to whether you should work as an independent contractor or as an employee, contact an experienced employment law attorney today to discuss your situation. Employees have a right to privacy in certain aspects of the workplace. An employer generally may not search an employee's handbag, briefcase, locked desk drawer, locked storage locker, or person without permission from the employee. Likewise, an employee has some privacy in their private telephone conversations and voicemail messages at work, but does not have a strong right to privacy in their e-mail messages and Internet use. If you feel your right to privacy has been violated by your employer, contact an experienced employment law attorney today. Unions can be very helpful to employees in negotiating agreements with employers on working conditions, benefits, and compensation. Unions have experience with a wide variety of employment law issues and know how to negotiate with employers to get the best results for employees. Federal law provides employees the right to petition for a secret ballot election for union representation. If you have questions concerning your right to elect union representation in your workplace or feel that your right to union representation has been violated, contact an experienced employment and labor law attorney. An employer cannot discriminate against a potential employee based on race, national origin, gender, pregnancy, age, disability, or religion at any point during the hiring process. If you feel you have been discriminated against by a potential employer, contact an experienced employment law attorney. Your attorney can help you determine whether you have a legal claim against the potential employer. Employment Law and Employee RightsToday's workplace is a highly competitive, ever-changing environment. You work with the expectation that your diligence will be rewarded and that you will continue to advance in your career. Workplace discrimination and harassment negate your hard work. This information is intended to help you learn more about employee rights, as well as wrongful termination, sexual harassment, and discrimination in the workplace. For assistance with your wrongful termination claim or other employment law issue, contact the Law Offices of Emanuel S. Fish in New Jersey toll free at 1-866-476-2047. Discrimination - An OverviewOver the years, federal and state legislators have worked hard to pass laws against employment discrimination. As a result of these efforts, the United States has some of the most stringent anti-discrimination laws in the world. These federal laws prohibit most employers, employment agencies and unions from discriminating against job applicants or employees on the basis of:
Employers must abide by federal anti-discrimination laws at each stage of their hiring and employment processes — from the advertisement and interview to the job offer and promotion. If you have experienced workplace discrimination, these federal laws are designed to help you. Contact an experienced employment law attorney to discuss your case. Age DiscriminationFederal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. Illegal discrimination can occur in hiring, training, benefits, compensation, promotion, firing, layoffs and other terms, conditions and privileges of employment. If you have experienced age discrimination, speak with an attorney to assert your rights and get your career back on track. Disability DiscriminationThe Americans with Disabilities Act (ADA) was passed in response to widespread discrimination against people with disabilities. It protects the disabled from discrimination in communications, public accommodations, transportation, governmental activities and employment. Most employers are prohibited from discriminating against qualified individuals with disabilities in hiring, firing, benefits, compensation, promotion, training and other aspects of employment. If you have a disability and have faced employment discrimination, contact an attorney to discuss your case. Gender DiscriminationUnder federal law and many state laws, employers must not discriminate on the basis of gender. Employers may not discriminate in decisions regarding hiring, advancement, transfer, pay, benefits and other employment-related conditions. Both women and men are protected from gender-based discrimination. If your employer or a prospective employer has discriminated against you based on your gender, consult an attorney to learn your legal remedies. Racial DiscriminationTitle VII of the Civil Rights Act bans employers from discriminating against employees or job applicants on the basis of race. Employment decisions due to stereotypes or assumptions regarding race, color or national origin; ancestry, birthplace or culture; linguistic characteristics; or surname associated with a specific national origin are prohibited. Whether the discrimination is overt or more subtle — in the form of policies that negatively affect members of a specific racial group — it is illegal. If you have been the subject of an employer's discrimination on the basis of your race, color or national origin, contact an attorney for advice and representation. Discrimination Resource Links
Equal Employment Opportunity Commission (EEOC)
DisabilityInfo.gov
Youth at Work: Real World, Real Rights!
Department of Labor (DOL)
Federal Equal Employment Opportunity (EEO) Laws
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Call us nowor use the form below.Frequently Asked Questions about Discrimination
Q: My boss does not allow me to express my religious beliefs. Is this illegal discrimination? A: It is possible. Discrimination and harassment on the basis of religion are prohibited by Title VII of the Civil Rights Act. So is retaliation against people who file or support complaints of religious discrimination or harassment. An employer with 15 or more employees must accommodate employees' religious beliefs unless this creates an undue hardship. An employer may not restrict religious expression more than it restricts other expressions that affect workplace efficiency in a similar manner. Q: Who is protected from employment discrimination on the basis of disability? A: Employment discrimination against qualified individuals with disabilities is prohibited by the Americans with Disabilities Act (ADA). This restriction applies to both applicants for employment and employees. A person is considered disabled if he or she has a physical or mental impairment that substantially limits one or more major life activities; has a record of such disability; or is regarded as having such disability. Major life activities include seeing, hearing, speaking, walking, breathing, manual tasks, learning, caring for oneself and working. |
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