The labor and employment law attorneys at JacksonWhite have experience representing employees who have been victim to unlawful employment practices, including employees with discrimination claims. JacksonWhite can work with employers and companies to guarantee that their workplace strategies and environment comply with federal and state employment standards. In addition, our attorneys have the capabilities to represent companies and employees with discrimination claims.
Fair employment practices generally refer to the laws that prohibit workplace discrimination. When discrimination laws are violated, employees are supported by federal and state law to protect their rights. Laws are also enacted to regulate fair wages and to allow employees to care for themselves or family members if the occasion arises.
Fair Employment Practices are Outlined by the Following Laws:
- The Americans with Disabilities Act – this maintains that it is unlawful for any employer to discriminate against any person with a disability who is otherwise fully capable of performing job duties. An employer cannot refuse to hire or promote a person with a disability, nor can they terminate an employee who becomes disabled. The Act also requires employers to make “reasonable accommodation” for an employee disability.
- The Age Discrimination in Employment Act – this prohibits employers from discriminating against any employee who is 40 years of age or older. There are two types of ADEA claims: disparate impact and disparate treatment. Disparate impact claims accuse an employer’s selection criteria of discriminating against those over 40, while disparate treatment claims charge employers who fail to hire, promote, or fire someone because they are 40 years or older.
- The Equal Pay Act – this states that an employer must pay employees equal wages, if they perform equal work, no matter the employees’ genders. The jobs do not have to be identical, but there must be proof that the two jobs require equal skill, responsibility, and effort, and that they are performed under similar conditions. Wages include any form of compensation, as well as benefits.
- Title VII of the Civil Rights Act of 1964 – this makes it illegal for any employer to fire, fail to hire, or otherwise discriminate against someone because of their race, color, religion, national origin, or sex. This includes compensation, treatment, privileges, and working conditions.
- The Pregnancy Discrimination Act – this forbids any discrimination by an employer towards a pregnant employee, and it is supported by the Title VII statutory description of discrimination based on sex.
- Family and Medical Leave Act – this allows qualified employees to take up to 12 weeks of unpaid leave per year for the following reasons: birth of a child, employee is placed with a child by foster care or adoption, care for an immediate family member with serious health condition, or if the employee themselves becomes seriously ill.
Unfair Labor Practices Lawyer in Mesa, Arizona
Whether you’ve been the victim of unfair labor practices yourself, or you’re a business owner being accused of inflicting this treatment, we can help. JacksonWhite’s employment law attorneys will work with you to determine the best way to handle your uniquely important case.