The Employment Law was established in order to protect the rights of potential employees by enforcing stringent hiring policies and practices to ensure discrimination of any kind does not occur. The common discriminatory issues that tend to surface regarding employment practices are based upon race, age, gender, religion, and sexual orientation.
In regards to the relationship between an employer and employee, there are certain obligations that both must adhere to in order to maintain a reasonable working affiliation. A working relationship can be rather tedious for both sides. An employer, by law, is required to fulfill and honor certain rules when hiring, retaining, and terminating an employee. If your employer violates these laws, an employment lawyer can help you hold them accountable as well as seek compensation for any damages you might have occurred (i.e. lost wages).
Types of Employment
There are certain variations that exist within the employment law depending upon the specific employment relationship. The two main types of employment relationships are “at-will” employment and contract employment. For an “at-will” employee, the employer retains the majority of control over the relationship and can, if so desired, terminate the working relationship provided that the release was not based upon discriminatory reasons.
For a contract employment relationship, the employer-employee create a written contractual agreement as to what both sides of the relationship will offer and uphold. Usually, a contract relationship outlines all of the expectations regarding the employment. This helps to eliminate problems of possible discrimination or unfair employment practices on the part of an employer.
Civil Rights Act of 1964
The Civil Rights Act was put into place in order to ensure proper hiring practices with regards to race, color, religious affiliation, and gender. This regulation was one of the forerunners to all of the subsequent employment regulations.
Americans with Disabilities Act
The Americans with Disabilities Act was designed to protect the rights of the devepmentally and physically disabled individuals in the workplace. This employment law requires employers to consider disabled individuals for employment regardless of the disability, providing that the potential employee can perform the necessary duties of the position with minor accommodation changes.
Age Discrimination Act
Another important law of employment is the Age Discrimination Act. This act came into being in order to protect employees of age-related discrimination. This law protects older employees from being refused employment in order to hire younger individuals at a lesser wage.
Family and Medical Leave Act
Employment discrimination regarding pregnancy or family illness was the reason behind the Family and Medical Leave Act. This particular law was written in order to protect employees with medical emergencies or family matters such as pregnancy from being terminated or otherwise removed from their employment position due to medical leave.
Fair Labor Standards Act
The Fair Labor Standards Act was created to outline the basic regulations regarding employment hours, meal breaks, and overtime. This act also dictates that employers must follow the minimum wage standard set forth by state and federal guidelines.
While the Employment Law covers the basic rights and privileges of employees in the workplace, employers are also protected under this law. The growth of the employment sector of any healthy economy benefits greatly from the regulations that are currently in place. The importance of recognizing the legal rights of both parties involved creates a better work environment for all parties concerned.