Unfair Treatment at Work
This can happen in many forms and for some, it can cause mental stress and health problems for some people. Most people don’t know what their options are when dealing with unfair treatment at work. Many people turn to Experts for information on the laws, how to report it and more. Read below where Experts have answered questions.
Is unfair treatment a type of harassment?
In most situations this can be true; harassment is legally defined as the act of continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes may vary, including racial prejudice, personal malice and an attempt to force someone to quit a job or grant sexual favors, apply illegal pressure to collect a bill or merely gain sadistic pleasure from making someone anxious or fearful. Such activities may be the basis for a lawsuit if due to discrimination based on race or sex, a violation on the statutory limitations on collection agencies, involve revenge by an ex-spouse or be shown to be a form of blackmail.
What legal recourse does someone have if they are being treated unfairly at work for no known reason?
Federal laws prohibit employment discrimination on the grounds of race, religion, sex, national origin, age, disability, past, current or future military obligations, Family Medical Leave Act usage or filing a worker’s compensation claim. If you think that your treatment was based one of these protected areas, you may have an actionable claim against your employer. To make a claim, you must file a "charge of discrimination" with the Equal Employment Opportunity Commission (EEOC). The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.
Do fair labor laws cover unfair treatment or harassment in the state of Alabama?
In Alabama, there are really no state laws that offer this protection. Therefore, the only protections available for this kind of misconduct are federal laws, specifically Title VII of the Civil Rights Act. Title VII prohibits unfair treatment and or harassment based on race, gender, nationality or religion. Also, if you've engaged in some kind of protected activity such as filing a complaint under another state or Federal law, the employer cannot treat you unfairly or harass you based on you filing the complaint.
How to prove unfair treatment practiced by employers?
Employment is considered at will unless there is a written contract to the contrary. What this means is that an employer can set the rules, hire, fire, promote and pay based on the employer's discretion. It is only going to be considered if the sole reason for the employer's actions are based on the age/race/sex/disability of the employee or in retaliation for reporting or taking advantage of a legally guaranteed right (such as applying for leave under the Family and Medical Leave Act or for Workers Compensation or for filing a complaint about illegal discrimination based on age/race/sex/disability). Other than treatment based on age/race/sex/disability it is not considered unlawful unfair treatment.
What is the statute of limitations for filing a grievance with the EEOC when an employee won a grievance case and is now being retaliated against?
If the 180-day time period has passed you cannot file a complaint with the EEOC. But you can still sue the employer for their allowing retaliation if you have reported it and they failed to remedy the situation. You have up to two years to file the lawsuit.
Unfair treatment at work is a very interesting but different topic and many times hard to prove. Many people are facing unfair treatment at work and have many questions and no answers. By asking Expert’s, individuals can get their questions answered fast and promptly.