Exploitation

Working conditions for employees are a major point of contention in many workplaces,
and are usually a central factor in labor negotiations and strikes. Unethical employers
fail to provide safe working conditions either through negligence or intentionally. This
can lead to higher rates of illness and injury for workers. Rates of pay are also a
frequent source of disagreement. While it is understandable that workers want higher
pay and employers want to pay less, some employers exploit workers to the point that
it becomes unethical. If rates of pay go below minimum wage laws, this practice
becomes not only unethical but illegal.

Theft

Employee theft costs American companies over $40 billion a year, according to
Thompson Security Systems. There are many reasons for employee theft, including
the simple urge to get something without paying for it, bitterness at low pay,
vengeance for mistreatment by a company, addictive behavior and stealing to resell
for cash. Business responses to this behavior range from improving employee morale
to termination to legal action. Stealing from an employer is both unethical and illegal,
and in the eyes of the law is no different than shoplifting or stealing from a stranger.

Misuse of Power

Certain personalities succumb to the urge to abuse power when it is given to them.
Abuses of power by managers, employers and business owners can involve minor
annoyances such as working for an arrogant boss, or can be as serious as blackmail
and sexual assault. The economic inequalities between employers and employees can
lead to unhealthy relationships if those in power decide to abuse their privileged
positions. When employers view themselves as providing a service to both clients and
employees, relationships will remain healthier and more egalitarian.

Revealing Company Secrets

Companies that are involved in research and development and the release of new
products have structures in place to prevent the acquisition of company secrets by
competitors. Employees who have access to this privileged information may be
tempted to reveal it to others, either for monetary reward or personal reasons. When
employees are subject to confidentiality clauses as part of their employment, this
activity is illegal and can lead to criminal prosecution. Working against the interests of
an employer can be seen as unethical even in the absence of legal restrictions.

HomeRecruitment GuideAn Overview of Basic Employee Rights

 Legal Resources
 Business Resources
 Hiring Resources
An Overview of Basic Employee Rights

Every employee has a range of basic work place rights, such as freedom from harassment, fair wages
and privacy. For example, employers cannot reject candidates based on gender or race. As you
construct company policy, pay careful attention to your employees’ rights.

Basic Employee Rights in the Workplace

Employee rights vary somewhat from state to state, depending on local regulations and legislation. In
most states, your employees are entitled to a basic level of privacy, including personal bags, mail
addressed to the employee and personal work lockers. On the other hand, employees have much
more limited privacy when it comes to using work-related emails and computer systems. Your
employees have basic rights to
•Freedom from harassment and discrimination of all types and in all forms
•Safe work environments without dangerous operational conditions, toxins or unreasonable safety
hazards
•Freedom from retaliation for filing discrimination-related claims or complaints against their
employer
•Fair compensation for work

Title VII of the Civil rights Act of 1964

The Title VII is a well known and incredibly important piece of legislation that laid the groundwork
for future anti-discrimination laws. It applies solely to employers with 15 or more employees and
prohibits discrimination for the following characteristics:
•Color
•Sex
•National origin
•Religion
•Race In the act, employers are forbidden from discriminating against workers in the hiring process
and beyond. Discrimination may also take the form of denying career promotions or refusing days
off for important religious holidays.

ADA: Americans With Disabilities Act

The ADA does several important things, including defining disability and compelling employers to
provide reasonable accommodations for professionals with disabilities. According to the legislation,
a disability is defined as a mental or physical condition that significantly impacts the individual’s
ability to perform one or more major life activities. Employers are not allowed to discriminate
against workers with a disability who are otherwise fully qualified for the position. If the worker
requires reasonable accommodations to perform work functions, the employer is required to provide
such accommodations as long as they do not cause undue stress on the business.

ADEA: Age Discrimination in Employment Act

The ADEA specifically address age discrimination for individuals of the age of 40 and over. For your
business to fall under the jurisdiction of the act, you must have at least 20 employees. The ADEA is
designed to prevent employers from affording preferential treatment to younger professionals, to the
disadvantage of workers of 40 years or older. Notably, it does not prevent employers from favoring
older professionals over younger counterparts.

FLSA: Fair Labor Standards Act

The FSLA is responsible for regulating the duration of workdays and stipulates breaks an employer is
obligated to allow. Furthermore, the legislation sets salary minimums and overtime requirements on
the federal level. Though the act is responsible for national standards, many states have their own
labor laws and regulations that add to federal guidelines.

FMLA: Family and Medical Leave Act

The FMLA guarantees employees up to 12 weeks of unpaid leave annually without the threat of
losing their position. To qualify for this leave, employees must have been with the company for at
least 1 year and have worked at least 1,250 hours in the year preceding leave. The employee must
take leave under certain circumstances, such as sudden serious illness of a direct family member or
paternity leave. Though the act only guarantees unpaid leave, employees may elect to use any paid
leave they’ve accumulated, or you as the employer may require them to use paid leave in advance
and in writing. Even job applicants retain certain rights before being formerly hired, so leave no
stone unturned in your research into employee rights. Make sure you provide a safe and welcoming
environment for all of your employees, and be aware of your own legal obligations.

Examples of Discrimination in the

Workplace: Everything You Need
to Know
Examples of Discrimination in the workplace includes when an employer treats
another employee unfairly based on religion, age, ethnicity, gender, disability, color
or race.3 min read

Examples of Discrimination in the Workplace

Some examples of discrimination in the workplace include when an employer,
supervisor, or co-worker treats another employee unfairly based on religion, age,
ethnicity, gender, disability, skin color, or race. This goes beyond workplace
behavior to also encompass hiring and firing practices. To get a firm grasp of what
this entails, it's best to know a few examples of discrimination in the workplace. This
enables employees to know their rights and employers to avoid any situations
involving discrimination.
There are essentially two types of discrimination. The first type is direct liability. In
this case of discrimination, an employer is actively engaged in discrimination from
the top down, so much as to promote an organization of discrimination. The other
type of discrimination is vicarious liability. This is when an employee discriminates
against another employee, only the employer has no evidence that he or she took
reasonable or necessary steps to curb the behavior.
In the American judicial system, there are several laws and government bodies that
define and enforce any illegal discrimination practices. Title VII of the Civil Rights
Act of 1964 is the landmark law that states that it's illegal for employers to
discriminate on the basis of race, religion, color, sex, or national origin (protected
characteristics). This covers hiring, promotion, referrals, and all other aspects of
employment. The Equal Employment Opportunity Commission, or EEOC, enforces
any infraction against this act.
In the federal government, Executive Order 11246 established nondiscriminatory
hiring and work practices for government contractors. These contractors must
take affirmative action to assure a nondiscriminatory workplace.

Understanding the Differences Between

Discrimination, Bullying, and Harassment
One of the hardest parts of identifying discrimination is differentiating it from bullying
and harassment. To understand it better to improve workplace relations, consider
these definitions:
 Discrimination occurs when someone gets subpar treatment based on one of
his or her protected characteristics. This can occur even when the offending
behavior isn't necessarily directed at a single person.
 Harassment occurs when an employee endures offensive, intimidating,
threatening, or humiliating actions or comments because of one of his or her
protected characteristics. Sexual harassment is one branch of this, and it
happens when an employee is the subject of unwelcome attention or
advances of a sexual nature.
 Bullying is a behavior that affects an employee's mental health and physical
health as a result of unreasonable, repeated behavior.

What Are the Types of Discrimination in the

Workplace?
As outlined in Title VII, there are numerous types of discrimination that employers
and employees need to know:
  Religious: No employer can discriminate against a person based on religious
beliefs or the beliefs of a spouse. This includes organized religions or sincere
spiritual beliefs. This can also mean that an employer has to accommodate
the religion, as long as it doesn't interfere with company practices.
 Age: Employers cannot treat an employee unfairly based on age. This is
typically seen in older workers, and the Age Discrimination Act of 1967 makes
it illegal to discriminate on workers over age 40.
 Gender: Also known as sexual discrimination, this type occurs when an
employer treats a person differently based on gender. This can include gaps
in pay for two sexes in the same position, as well as the protection of people
with gender identity issues.
 Pregnancy: Pregnancy must be dealt with like any type of nonpermanent
illness. Treating it otherwise constitutes discrimination.
 Racial: Employers may not base decisions in the workplace or hiring
process based on a person's race.

What Are Some Effects of Discrimination in the

Workplace?
There is a seemingly endless number of behaviors that meet the definition of
discrimination in the workplace when they're used as a result of someone's personal
characteristics or an employee reporting the incident to management. Here are a
few of the most common:
 Denial of employee compensation or benefits
 Denial of disability leave, maternity leave, or retirement options
 Termination
 Loss of shifts or less desirable shift
 Suggestion of a preferred candidate on a job advertisement based on
personal characteristics
 Denial of use of company facilities or benefits
 Favoritism when issuing promotions or company restructuring
 Exclusion of candidates from the hiring process
 Off-color comments or inappropriate jokes that cause stress to an employee
While these are just a few of the types of discrimination, it's also important to note
that it can come in many ways. Discrimination can be indirect, direct, unintentional,
or intentional.
If you need help or more information about discrimination in the workplace, you
can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the
top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools
such as Harvard and Yale Law and average 14 years of legal experience, including
work with or for companies like Google, Menlo Ventures, and Airbnb.