By Robert J. Gregory
Think a terrific office, one the place concord reigns perfect and employee/employer disputes, sexual harassment, and discrimination do not exist during this dream international, staff needn't fear approximately their criminal rights.Ok, now get up! In actual lifestyles, few offices are perfect -- and the criminal rights of staff are frequently threatened just because the typical employee lacks a easy figuring out of the legislation.
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Additional resources for Your Workplace Rights and How to Make the Most of Them: An Employee's Guide
Most states have laws prohibiting employment discrimination. While these laws mirror, to a large degree, the federal protections, there are differences. Some state laws have a broader reach, covering forms of discrimination not proscribed by federal statute. Some state laws provide for additional forms of relief and extend the protections of the law to employees of small employers not otherwise covered under federal law. Despite these distinctions, courts, for the most part, apply the same legal standards in analyzing claims of discrimination under federal and state law.
It also becomes clear, however, that another nondiscriminatory reason, not articulated by the employer, led to the decision. The employer may have chosen not to articulate the alternative explanation because it is embarrassing to the company for other reasons. The employer may have failed to do so because the company is poorly managed and could not come up with a coherent explanation for its actions. A jury could conclude that, despite the pretext proof, the employer did not act for a discriminatory reason.
Taken as a whole, these laws embrace the vast majority of employees, public and private, working in the United States. Finally, it must be remembered that when statutes create rights, they also create procedures under which those rights are to be exercised. In the case of the federal antidiscrimination statutes, these procedures are complex, involving not simply the filing of a lawsuit but the filing of administrative charges with the appropriate state and/or federal agency. No matter how compelling the legal claim, that claim will be lost if the employee fails to comply with the procedural dictates of the pertinent statute.