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Employment Discrimination – Your Rights And The Law

Every individual has the right to employment and earn an income. This right is protected by various employment laws and anyone who stops an individual from practicing it can be accountable to the law. According to the website of Cary Kane, LLP, it is illegal for employers to discriminate prospective or current employees because of their race, color, gender, nationality, religion, or ethnic identity. Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964. Employment discrimination happens when an employer treats workers differently based on certain attributes which are not related to their job performance. In the government, employment discrimination is a violation of an individual’s right to equal protection an d due process. In the private sector, employment discrimination is prohibited by Title VII of the Civil Rights Act of 1964.

Under the law, employers are not allowed to discriminate employees or job applicants in any aspect such as hiring and firing, compensation, assignment, or employee classification. Discrimination in transfer, promotion, layoff, or recall is also prohibited. Under the law, harassment becomes unlawful based on the following conditions: 1) when enduring the offensive conduct has become a condition for continued employment; 2) severe or pervasive conduct that has resulted to a hostile, intimidating, or abusive environment for the individual. An employee who is a victim of employment discrimination can make their employer liable by filing an employment discrimination claim against their employer.

These cases are handled by the Equal Employment Opportunity Commission or EEOC. The claim can be filed with the EEOC within 180 days. If the case was filed in a state that has enacted laws dealing with a similar issue, the deadline is extended t0 300 days. Regardless, prompt filing is necessary to make the employer liable. Initially, if the EEOC deems that there is discrimination. It will work with both the employee and the employer to attempt a settlement. If the attempt is unsuccessful, the EEOC will file a case or issue a “right to sue” letter allowing the employee to file a case. Even if the investigation of the EEOC led to a conclusion that no discrimination occured, it will still issue a right to sue letter.

All You Need To Know About Premises Liability In Construction Sites

The construction site is one of the most dangerous places to be in. There are a lot of hazards and dangerous objects that are found in the construction site. For this reason, it is the responsibility of the employer to ensure the safety of their premises. The Occupational Safety and Health Administration (OSHA) is the lead agency in ensuring that construction site owners comply with the safety standards they have set forth.

According to the website of Evans Moore, LLC, safety in the construction site is one area where employers have failed. This non-compliance to safety standards by employers have resulted to injuries and deaths to construction workers. While both employees and guests in the construction site expect a safe workplace, this has always not been the case. When this happens, the OSHA gives construction workers the right to sue their employers for negligence.

New York construction site slip and fall attorneys will tell you that there are many hazards that are present in the construction site that can contribute to injuries and accidents. Some of these hazards include the following:

  • Construction equipment such as power tools, extension cords, axes, shovels, and others lying around in the construction site.
  • Open trenches, broken pavement, and uneven ground which could cause construction workers or visitors to slip or fall.
  • Unmarked safety hazard areas such as cones, signs, warning tape, and verbal communication
  • Paints, oils, lubircants, and other hazardous materials which can make surfaces very slippery
  • Improperly installed or maintained scaffolding
  • Wet or slippery surfaces. If a site gets too saturated and wet, it should be closed and made dry before resuming work.

Construction site accidents can be fatal which could lead to serious injuries or death to employees. Employers who do not abide with the safety standards set forth by the OSHA can be held liable for any accident that can happen in the workplace.

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