The costs of divorce can be huge and far reaching. When you’re younger, divorce can negatively impact children, and everyone in the family can have a tough time picking up the pieces. When you’re older, divorce can be a blow to retirement plans, and you might even find yourself retiring later or looking for a part-time job to supplement your income. Even if you’ve planned well for retirement, chances are you never planned on getting divorced in midlife or beyond. Questions arise regarding divorce pension rights, dividing retirement assets, and more. If you find yourself single now that you’re headed toward retirement, it’s vital that you regroup, reorganize, and rethink your finances in order to better plan for the reality of your new single life.
The disability rights movement has gained significant support in the United States since its inception in the 1960s. When the Civil Rights Act was signed into law by President Lyndon Johnson in 1964, Americans who lived every day with the difficulties caused by disabilities began advocating for their rights and opportunities. Since then, advocates have worked tirelessly for people with disabilities, demanding equal rights and opportunities where they typically have been excluded simply because they are disabled. In response to this growing movement’s fight, in part, for equal opportunity in the workplace, the Americans with Disabilities Act of 1990 (ADA) was signed into U.S. employment law by President George H. W. Bush. Penned by Democrat Senator Tom Harkin of Iowa, the bill prohibits, under certain circumstances, discrimination of any employee or potential employee based on disability. The law prohibits such discrimination, not just in the workplace, but in other areas as well, including public accommodations, commercial facilities, transportation, and telecommunications.
Equal pay for equal work … it’s a concept that has long been disputed in American employment law. Did you know that it wasn’t started by women advocating for equal pay, but by unions fighting for equal wages for men? When soldiers went off to fight World War II and women worked their jobs to keep the U.S. economy functioning, the National War Labor Board urged employers to pay women the same wages as their male counterparts. Because, however, most companies did not heed this advice, men returning from war worried that their jobs would be permanently taken by the cheaper women’s labor force. In response, unions stepped in to try to stop employers from undercutting men’s wages. The concept of equal pay grew out of these circumstances, and has since been equated to lower wages paid to women. What ensued after a decades-long fight was the Equal Pay Act of 1963, signed into the nation’s employment laws by President John F. Kennedy.
The EEOC or Equal Employment Opportunity Commission was developed and created through the Title VII of the Civil Rights Act of 1964. However, it has a mission that has been shaped by numerous pieces of legislation. It may have seemed to start simple enough but over the years many laws and amendments have continued to expand the role, responsibilities and authority of the EEOC. There are many pieces of legislation that make up the employment protection laws of the United States.
The United States Equal Employment Opportunity Commission or the EEOC is a federal agency which has the responsibility of enforcing federal laws which prohibit discrimination of any kind in the workplace. Employment laws are in place which make it illegal for an employer to discriminate against an applicant or an employee based on the individual’s color, race, gender, state of pregnancy, religion, age (40 years old and above), national origin, genetic information or disability. Retaliation against a person who complains about or reports discrimination, files a discrimination claim, or participates in an investigation about employment discrimination is also prohibited. Most employers who have a minimum of 15 employees must abide by EEOC laws. In age discrimination cases the company has to have at least 20 employees. Most employment agencies and labor unions are covered by EEOC laws as well. Discrimination laws are applicable to all kinds of work situations such as hiring and firing, harassment, wages, benefits, training and promotions.
The Age Discrimination in Employment Act or ADEA is a federal law that prohibits workplace discrimination based on an individual’s age. There are also state specific laws which make it illegal to discriminate against workers based on age. Employees who are 40 years old or older are protected from age discrimination under the ADEA. In 1990 the Older Workers Benefit Protection Act (OWBPA) was added as an amendment to protect older employees from being denied benefits by employers.
The Americans with Disabilities Act or the ADA prohibits discrimination against individuals based on their disabilities. This is similar to other employment laws which protect the civil rights of individuals on the basis of race, religion, gender, or national origin. The ADA is meant to provide equal opportunities for individuals who have disabilities in the workplace, transportation, public accommodations, telecommunications and state and government services.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment which is a form of sexual discrimination. It is prohibited by law to harass an applicant or an employee based on their gender. Harassment can include a wide variety of actions such as unwelcome sexual advances, asking for a sexual favor, and many other verbal, non-verbal or physical actions that are of a sexual nature. However, even offensive remarks that are made about a person’s gender or sexuality can be considered sexual harassment. It is prohibited to make offensive remarks about women in general or men in general. Victims may be either male or female and victims do not have to be of the opposite sex. As a general rule, the law does not deal with incidents where there is simple teasing, silly comments or isolated incidents that do not escalate. However, when harassment becomes severe and creates a hostile work environment or an offensive work environment then the law is there to protect workers. A harasser can be a co-worker, an employer, supervisor, or even a person who is not employed by the company like a customer.
The Fair Labor Standards Act (FLSA) was set in place to help protect workers from being treated unfairly in the workplace as it pertains to pay practices and work regulations. It is a federal law which describes different regulations regarding commerce employment and it details things like requirements for overtime, setting limits on child labor and establishing minimum wage. The FLSA is very important and employers must be willing to abide by the various regulations for the ways in which they deal with their employees.
The New Jersey Bar Association governs how a law firm or an attorney conducts themselves when engaging in advertising or when they are communicating via online media such as the Internet or websites. Since an attorney website is basically considered to be a form of communication or a means of advertising they are subject to being regulated by the bar’s rules. Each state may have its own set of rules regarding the handling of websites or advertisements by attorneys; and it is essential that an attorney abide by the rules and guidelines set in their individual state. In many cases, an attorney hires a third party to develop their professional website and therefore some of the guidelines can get overlooked. In these cases, an attorney can face disciplinary actions or sanctions if the rules set by the bar are violated whether knowingly or unknowingly.