Illinois Wal-Mart workers may be interested in a discrimination case that has garnered national attention. According to reports, a pregnant woman who worked at one of the retail outlets was fired after she suffered an accident at the store on her day off. She believes she was wrongfully dismissed, and she also says she noted a difference in the way she was treated after she revealed her pregnancy to her employer.
It can be a worrying thing to consider that, since Indiana is an employment-at-will state, most employees could be dismissed from their job at any time. There does not even need to be a reason. However, all employees have certain rights which protect them from being dismissed in a retaliatory fashion. This is to ensure that an employee cannot be punished for exercising his legal rights.
When you are battling a serious illness or disability, the last thing you want to have to worry about is your job security. You may have medical bills to contend with and if you need to take leave for your treatment or recovery, you deserve the peace of mind of knowing you have a job to come back to. Sadly, many employees in Indiana suffer discrimination, demotion or even discharge during this already difficult period.
Age discrimination can be a concern for both those Indiana residents who are seeking employment and those already employed. It is considered an unfair labor practice for an employer to refuse employment or to dismiss an employee based strictly on the factor of age when an individual in question is between the ages of 40 and 75. Similarly, denial of membership in a labor organization such as a union based on age is deemed an unfair labor practice. This also applies to the activities of labor organizations in classifying members and referring them for employment.
Being dismissed from your job is an unpleasant experience. However, this is made even worse if that dismissal was unjust. Unfortunately, this is something that many employees in Indiana face. As Indiana is an employment-at-will state, many workers can be fired at any time for almost any reason. However, as we have seen in a previous post, there are some reasons for dismissal that are considered illegal.
A male employee of Beckman Coulter, Inc. filed a complaint with the Indiana Civil Rights Commission in which he alleged both denial of a religious accommodation and less favorable treatment based on gender. Both could be violations of the Indiana Civil Rights Law.
Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against employees based on their sex, and employers are protected from sexual harassment. This behavior might include unwelcome sexual requests, sexual advances, and sexually physical or verbal conduct that affects the work performance and employment of the harassed person. This act applies to employers who have 15 or more people on staff, and Florida workers should know that local, state and federal government employers are included.
If an Indiana employer has more than six employees, an employee or applicant for employment may be able to file a discrimination complaint against that employer. The complaint must also be filed within 180 days of the occurrence of the alleged act. State and federal laws dictate that no employee or applicant for employment may be discriminated against based on their gender, nationality or race. They may also not be discriminated against due to a disability.
When someone feels that they have been terminated or let go from their job for a reason that was unlawful, they may be able to file a wrongful termination claim against their employer. Someone is considered to have been unlawfully terminated if they were discharged in violation of discrimination laws, as a result of refusing to succumb to sexual harassment or in retaliation because an employee has brought a claim against their employer.
On Aug. 28, an Indiana Court of Appeals judge found that an employee did not violate a non-compete agreement with his former employer. The employee signed the non-compete agreement on Jan. 24, 2008, when he joined the company. The agreement would reportedly prevent him from working in a similar position in a similar field for two years after separation from the company. His employer fired him in October 2009 and allegedly offered his job back to him 10 days later. He returned to his original position without signing a new non-compete agreement.
Residents of Indiana might be interested to learn about the federal laws concerning age discrimination in the workplace. One of the most well known laws that can help to protect workers from employer age discrimination is the Age Discrimination in Employment Act that was originally enacted in 1967. The provisions laid out in the ADEA make it illegal for employers to discriminate on the basis of age against a job applicant or employee who is 40 years of age or older.
Sex discrimination occurs whenever a decision is based solely on a person's gender. For example, paying a woman less than a man to do the same job would likely constitute sex discrimination. Giving a man a promotion simply because the boss prefers that a man be promoted may constitute sex discrimination at work as well.
It can be extremely difficult to perform well at work when faced with wrongful discrimination. Sadly, this is something that far too many employees in Indiana deal with on a daily basis. Sometimes, workers even experience a wrongful termination based on discrimination.
Indiana workers with disabilities are protected from discrimination in the workforce by the Americans with Disabilities Act. Under the ADA, an employer with fifteen or more employees is required to provide reasonable accommodations to employees with disabilities. The act covers all phases of employment from the application process to termination, and it is designed to provide the same job opportunities to disabled employees that non-disabled employees enjoy.