The standards differ for young people in non-agricultural occupations (www.dol.gov/whd/regs/compliance/whdfs43spanish.htm) and young people working in agriculture (www.dol.gov/whd/regs/compliance/whdfs40spanish.htm). If you have experienced sexual harassment and discrimination, you can take legal action. Unlawful sexual harassment can occur without economic prejudice or dismissal of the victim. Employers are required to refuse to hire or fire an undocumented employee if they learn that they have a missing work permit. The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from knowingly giving work or continuing to employ undocumented workers. Therefore, if an employee is employed, his or her employer must, by law, request identification documents as well as permission to work in the United States, and these documents must « reasonably appear authentic. » If you are a federal employee, freight forwarder, docker or coal miner, contact the appropriate Workers` Compensation Program Office (PCOW). OWCP representatives can help you with your claim. If you believe your employer has violated wage garnishment laws, you can file a complaint with the Department of Wages and Hours of Work. To do so, contact your nearest www.dol.gov/whd/america2.htm office or use the toll-free helpline in this section at 1-866-4-US-WAGE. More information on the factors important in determining the existence of an employment relationship (www.dol.gov/elaws/esa/flsa/scope/ee14.asp) can be found on the Ministry of Labour`s website. This Act requires employers to make reasonable arrangements for a person with a disability who is qualified to perform the work. Reasonable accommodation refers to any change in the work environment (or in the usual way of doing things) that helps a person with a disability apply for a job or fulfill the obligations of a job.
However, an employer is not required to take reasonable precautions if it means an « unreasonable burden » on the employer. The employer is not obliged to lower quality or production standards in order to create accommodations in the workplace. Very often, however, employers fire employees on the grounds that they are undocumented when the real reason for the dismissal is actually something else. For example, an employer may say that they fired someone because of their lack of documentation because they do not want to admit that they fired them because they became pregnant or Latino, or because they complained of sexual harassment. In these cases, since undocumented workers are protected by the general laws on discrimination in the workplace, the employer always violates the law because the real reason for the dismissal was illegal. The Employment Age Discrimination Act (ADEA), enacted in 1967, protects persons aged 40 and over from discrimination in the workplace on the basis of age. ADEA`s protective measures apply to both workers and jobseekers. ADEA establishes the illegality of discrimination in employment on the basis of age, including recruitment, dismissal, promotion, severance pay, compensation, social benefits, work assignments, training, etc. It also states that it is unlawful to retaliate against a person who opposes age discrimination practices or who makes accusations of age discrimination, testifies or participates in an ADEA case. The Gender Equity Legal Network provides you with the names of lawyers for informational purposes only. By providing you with this information, supporting, approving, recommending or trusting the lawyers on the list, the Gender Equity Legal Network does not guarantee a result or success.
We cannot guarantee that one of the lawyers will agree to represent you and if this is the case, it will have positive results in your case. And it`s important to note that the fact that a lawyer has won other cases does not guarantee the same outcome for your case. Submit your complaint to the EEOC within 180 days of the date of the alleged discrimination. To learn more about exceptions to this rule, see the « Deadline to contact an EEOC consultant » section. If you believe you have been discriminated against, write down detailed events, including date, time, location, comments, and witnesses. Inform the human resources manager of your complaint. For unionized workers, your steward can help you draft a complaint and present it to management. If you believe you have been discriminated against at work or have been denied a chance in your employment for reasons prohibited by law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).