Look at Your Rights.
D Johnson
COM120, Persuasive Effective Writing
Instructor C Jones
July 9, 2006
Do You Know What Your Rights are, if any, in the Workplace?
Look at Your Rights. Knowing your rights in the workplace is essential in making certain you are benefiting from the rights you are entitled. You will be amazed at how few rights you have in the work place! Most states are "at-will" states; meaning there is no right to work. An employer has no obligation to keep you as an employee and does not need much of a reason to let you go.
Discrimination in the Workplace There are a few laws governing what an employer may, or may not, do. It is important that you know what these few laws are. Compliance requirements vary depending upon the size of an employer; 15, 25 and 50 or more employees. Employers with fewer than 15 employees are not governed by many laws; and can do almost whatever they want. It has been determined by the Federal Government that it would be an undo hardship for smaller employers to comply with these laws. I believe every employee should have their rights protected regardless of the size of the company.
Civil Rights Act of 1964. The Civil Rights Act (Title VII) was written to protect citizen's rights; and to encompass such things as the right to vote, desegregation if public schools and Title VII (Equal Employment Opportunity (EEOC)). The EEOC was form to govern Title VII cases; which most suits brought under the Civil Rights Act today fall under Title VII. Later it was determined that Title VII was not sufficient to cover disabilities.
Americans with Disabilities Act (ADA) The ADA was formed in 1990 to provide protection for individuals with a disability on many different levels and not just as an employee. On July 26, 1992 the ADA provided protection for employers with twenty-five or more employees. Then as amended effective July 24, 1994 the ADA included employers of 15 of
References: Age Discrimination in Employment Act of 1967, (29 U.S.C. §§ 621 to 634). Retrieved July 4, 2006, from http://eeoc.gov/policy/adea.html. The Americans with Disabilities Act of 1990, Titles I and V (1990). Retrieved June 10, 2006, from http://www.eeoc.gov/policy/ada.html. Civil Rights Act of 1964, (42 U.S.C. §§ 2000). Retrieved July 4, 2006, from http://usinfo.state.gov/usa/infousa/laws/majorlaw/civilr19.htm The Fair Labor Standards Act of 1939, as amended, (29 U.S.C. 201. et. seq.). Retrieved July 4, 2006, from http://www.wagehour.dol.gov. The Privacy Act of 1974, 5 U.S.C. § 552a as amended. Retrieved June 10, 2006, from http://www.usdoj.gov/o4foia/privstat.htm. Barnes, N. & Good, J., (2005). The three-headed monster—ADA, FMLA, and workers ' compensation: how employers can ensure compliance. Employee Relations Law Journal. (Aspen), Winter2006, Vol.31, Issue 3, p48-55, 8p. Retrieved June 23, 2006. Document available on University Library website: EBSCOhost. Repa, B. (2005). Your Rights in the Workplace. California: Nolo.