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Working people in
America have certain basic legal rights to safe,
healthy and fair conditions at work. However, many
employers violate these basic rights in pursuit of
profits. Union membership helps ensure that your
rights are protected.
Make sure you know
your rights as an employee. Select the appropriate
links below to find out more about your rights.
Hurt On The Job
It shouldn't hurt
to go to work. But in 1998, nearly 6 million U.S.
workers were injured at work or became sick because
of their jobs.
Experts agree that
if you are injured on the job, you should:
If your employer
has written an "incident report," get a copy of it.
Your union steward and the employer should obtain
the names of workers who witnessed your injury or
assisted you afterward, as you may need this
information if you seek workers' compensation
benefits.
If you encounter
any difficulties with your benefits, experts
recommend seeking legal advice.
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Sexual Harassment
Sexual harassment
is illegal and no worker has to tolerate it. In
1986, the U.S. Supreme Court recognized sexual
harassment as a form of illegal sex discrimination.
Sexual harassment
is unwanted verbal or physical conduct of a sexual
nature when:
- You must submit to this behavior to keep your job
or to get a promotion, a good job assignment or some other job benefit; or
- This behavior unreasonably interferes with your
work performance or creates an intimidating, hostile or offensive working
environment.
An employer has the
legal responsibility to investigate sexual
harassment complaints and to take appropriate
actions to end the harassment and make sure it
doesn't happen again.
You are not
required to complain to the person who is harassing
you. But you should make sure that management knows
about your complaint from you, your union or someone
you designate. You also should keep a written record
of the harassment incidents and evidence of your job
performance. If your employer has an internal
complaint procedure, you are required to use it.
If you think you
have been sexually harassed, you may file employment
discrimination charges as an individual or as part
of a group (known as "class action") with the Equal
Employment Opportunity Commission. The charges must
be filed within 180 days of the alleged
discriminatory act. If you are represented by a
union, contact your union steward, who can help you
file charges. Federal employees must file
discrimination charges within their own agency.
You can file a charge in
person, by mail or by telephone by contacting the nearest EEOC office, or call
800-669-4000 for more information (800-669-6820 for the hearing impaired). All
charges must include:
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Your name, address and telephone number.
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Your job title.
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A brief description of the
problem.
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When the incident or incidents
occurred.
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And the type of discrimination you encountered.
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Family and Medical Leave
The federal Family and
Medical Leave Act of 1993 provides workers up to 12
weeks of unpaid and job-protected leave for certain
family and medical reasons. The FMLA applies to all
private-sector employers with 50 or more workers and
to all public agencies—state, local and federal.
To be eligible for
leave under the act, a worker must have worked for
the same covered employer for a total of 12 months,
and must also have worked for a total of 1,250 hours
or more in the previous 12 months.
You may take leave
for the birth and care of a newborn; for adoption or
foster care of a child; to care for an immediate
family member (spouse, child or parent) with a
serious health condition; or for your own serious
health condition. If you qualify for FMLA, your
employer cannot fire you for taking leave.
The U.S. Department
of Labor's website has a helpful page of frequently
asked questions about the FMLA. If you think you
have been denied FMLA leave, or if you think your
employer has violated the act, you may file a
complaint by contacting the nearest office of the
Wage and Hour Division of the U. S. Department of
Labor. The complaint may be filed in person, by
letter or by telephone, but it also must be made in
writing. There is a two-year statute of
limitations—three years if the violation was
willful.
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Discrimination
You also have a right
to file a complaint on a form with the Equal
Employment Opportunity Commission, a federal agency
that works to protect you from discrimination based
on age, sex, race, color, national origin, religion
or disability. You can file a charge in person, by
mail or by telephone by contacting the nearest EEOC
office, or call 800-669-4000 for more information
(800-669-6820 for the hearing impaired).
All charges must include:
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Your name, address and telephone number.
-
Your job title.
-
A
brief description of the problem.
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When the incident(s) occurred.
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The
type of discrimination you encountered.
If you feel you have been discriminated against based on your age, the following
information will be helpful:The Age
Discrimination in Employment Act of 1967 (ADEA)
protects individuals who are 40 or older from
employment discrimination based on age. The ADEA's
protections apply to both employees and job
applicants. Under the ADEA, employment
discrimination based on age—in hiring, firing,
promotions, layoffs, compensation, benefits, job
assignments, training and more—is unlawful. It's
also unlawful to retaliate against an individual for
opposing age discrimination practices or for filing
an age discrimination charge, testifying or
participating in an ADEA case.
The ADEA applies to
employers with 20 or more employees, including
state, local and federal government, private
employers and employment agencies. If you think
you've been discriminated against, write down a
detailed account of the events, including date,
time, place, comments and witnesses. Inform the
personnel manager of your complaint. For unionized
workers, your union steward can help you write up a
complaint and present it to management.
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Information source:
www.montcoaflcio.org
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