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Employee Rights in the Workplace

Employees have basic rights to privacy, fair compensation and freedom from discrimination. Job applicants have the right to be free of discrimination based on age, gender, race, national origin, or religion during the hiring process.

Other employee rights include:

• Right to be free from discrimination and harassment
• Right to a safe workplace free of dangerous conditions, toxic substances and other potential safety hazards
• Right to be free from retaliation for filing a claim or complaint against an employer (sometimes called “whistleblower” rights)
• Right to fair wages for work performed

Sometimes, employers trample on the rights of their employees. If you believe you are the victim of employee discrimination, wrongful discharge, disability discrimination, race discrimination, gender discrimination, pregnancy discrimination, employee harassment or sexual harassment, call Harrell & Nowak at 504-522-7885 for a free consultation with a skilled Louisiana attorney.

There are several key federal laws that relate to employee rights in the workplace:

Title VII

Prohibits employers from discriminating in the hiring process on the basis of race, color, religion, sex or national origin, but applies only to employers with 15 or more employees

American with Disabilities Act ( ADA)

Prohibits discrimination against a person with a qualified disability and provides that a person with a disability cannot be discriminated against on the basis of their disability if the individual with a disability can perform essential job functions.

Age Discrimination in Employment Act (ADEA)

Prohibits employers with 20 or more employees from giving preferential treatment to younger workers, but applies only to workers 40 years of age or older.

Fair Labor Standards Act (FLSA)

Regulates work day duration and breaks that employers must provide and governs applicable salary and overtime requirements set out by the federal government

Family and Medical Leave Act (FMLA)

Provides that employers must allow employees who have worked for the employer for 12 months and for 1,250 hours prior to the leave, to take a 12-week leave of absence for qualified medical purposes; and, the employer must preserve the qualified employees’ position for the duration of the leave.

If you believe you are the victim of employee discrimination, wrongful discharge, disability discrimination, race discrimination, gender discrimination, age discrimination, pregnancy discrimination, employee harassment or sexual harassment, call Harrell & Nowak at 504-522-7885 for a free consultation with a skilled Louisiana lawyer.