Every single day, people show up for a job they either love or they hate. Most of the time if it’s a job they hate, it’s because it’s a hostile work environment. Some people don’t even realize this is a real thing and they just take their abuse like they think they should – especially if it’s the boss dolling it out. However, a hostile work environment is a real issue and it comes in all forms. Not only is this something that women can go through, but men as well. Any type of abuse that makes you uncomfortable, feel awkward, not be able to do your job correctly or feel hesitant about coming into work – is not allowed, not right, and there are things you can do the educate yourself. Just look below to see the different types of abuse/harassment and find out what you can do to stop working in a hostile work environment.
Getting a new job is an exciting and somewhat nervous situation to go through. We’ve all seen those packets of forms you have to fill out after you get the job, including an EEO. These EEO forms or Equal Employment Opportunity really help protect you, as well as the employer from discrimination. Of course there are different types of discrimination, but the law states that no matter your race, sex, creed or origin you have an equal opportunity for employment just as much as someone outside of the 4 protected classes. There are also other protected classes though such as age discrimination, disability discrimination, genetic discrimination, and even sexuality – though sexuality is not exactly a law per se, since it has not been signed by congress. Yet. To find out more about these types of discrimination, keep reading and find out if you are being discriminated against and how to file a complaint.
Independent contractors are on the rise in the United States. With growing healthcare costs and a lagging economy, companies are doing more and more of their hiring on a contract basis. Independent contractors are in business for themselves. They are self employed, meaning they do not work directly for companies and have not been hired as actual employees. There are advantages and disadvantages to being an independent contractor. The advantages include the ability to decide your own hours, to choose when and for whom you want to work, and to negotiate your own terms and rate of pay. Drawbacks include the requirement of paying your own taxes as well as purchasing your own health insurance. The employment laws that pertain to independent contractors are not as comprehensive as those that pertain to the employer-employee relationship, in part because of the very nature of being an independent contractor. People who work for themselves often do so because they choose to work on their own terms.
More people than ever are joining the ranks of those who have cast off the shackles of the ‘workaday world’ (as your grandfather used to call it), deciding instead to become freelancers. But what does it mean when you hear someone say they ‘freelance’? And is an independent contractor or a consultant the same as a freelancer? The short answer? No one knows. Well, of course, employment lawyers know the difference, but if you try typing the question into a search engine, you’re likely to get a thousand different answers from a thousand different people (and not to mention bickering from here ’til the end of cyberspace). Most would agree, however, that the terms ‘freelancer,’ ‘independent contractor,’ and ‘consultant’ are oft used interchangeably … with one major difference, and that difference comes in the word ‘contract.’ Oftentimes, freelancers will work under contract … and oftentimes they won’t. Independent contractors, however, are called such because they work under contract. True, most who consider themselves to be freelancers tend to work in artistic pursuits. However, artists can also be independent contractors simply because they can work under contracts. But what about the employment laws that pertain to freelancers? Are they that much different from the employment laws regarding employees?
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.