Posted by Gary Burger on May 4, 2016 in Law
Employment discrimination and workplace safety issues are two of the biggest issues addressed in the labor laws of each state — unfortunately, far too many employers fail to acknowledge important regulations and potential problems, creating unsafe and uncomfortable working environments. Just as unfortunate is the fact that many American workers aren’t aware of these regulations either — and they don’t know when they would benefit from calling up a personal injury lawyer and seeking legal help.
Here are just a few examples of employment situations where you might be facing discrimination or safety problems and could benefit from legal advice:
Pregnancy: The federal government passed The Pregnancy Discrimination Act back in 1978 which states that pregnant women cannot be discriminated against in the workplace, simply for being pregnant. Apparently, quite a few employers didn’t feel like abiding by this legislation, so the Equal Employment Opportunity Commission (EEOC) re-issued a reminder of the Act in 2014 — this time including issues like “maternity” leave for new dads and anti-harassment policies for women who receive abortions. The EEOC estimates that only about one in every four registered complaints are ruled in the employee’s favor here — so finding the best personal injury lawyer is incredibly important.
Old Age: According to the Age Discrimination in Employment Act, you cannot be refused a job or fired from a job because you’re too old (according to the employer’s definition of “old”) once you hit 40. As long as you’re physically capable of meeting the job requirements, an employer cannot force you to quit or retire (with only a few exceptions) and a potential employer cannot refuse to hire you because you’re “too old.”
Disability: This one can be tricky; an employer cannot refuse to hire you, or decide to fire you, because you develop a disability or have a history of impairment, including both physical and psychological impairments. That being said, an employer can refuse to hire you (or can fire you) if you can’t meet the job requirements because of your impairment, if every attempt for reasonable accommodation has been offered and is ineffective. You’ll still need to have the same amount of education, experience, and other qualifications as other job candidates in order to prove that the employer is violating disability labor laws.
Many employers argue that they refuse to hire/ ask employees to quit when these issues come up, claiming that the (potential) employee would be more likely to be injured on the job or would be less likely to meet the standards that other employees would accomplish — and in many cases, the employers are right. But if you suspect that you’re the victim of one of these discrimination acts, it never hurts to seek advice from a personal injury lawyer who can assess your situation, along with your state’s legislation, and help you pursue a lawsuit if you’re in the right.