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In order to protect employees from discrimination based on aspects like religion, race, color, creed, national origin and more, the Equal Employment Opportunity Laws were formulated. Below are a few questions that have been answered regarding this: Q. Does the Equal Employment Opportunity Law ensure that an employee is provided an opportunity for an interview with the potential employer? A person has applied for a local government position?
As per the Equal Employment Opportunity Law, it is not necessary that a person is afforded the opportunity for an interview just because one has applied for a job with the government. However, there should be no discrimination made based on religion, sex, race, national origin or color. For further information, one may visit www.eeoc.gov. Q. Consider a situation where the insurance company paid for the costly treatment of a person ailing from multiple sclerosis. However, this person was notified by the Equal Employment Opportunities Commission that the employer had not replied to the mediation request and that an investigation would be held. What may be the cause for the employer to not have replied?
Various reasons may be there for an employer to not have replied. Some of the reasons may be because the employer does not intend to provide any information that may involve them later; they may feel that they have done nothing wrong so it is not required for them to reply, etc. They may reply only if someone sues them. However, it is usual for an employer not to reply to a mediation request if they have not made any legal violations. Q. Should the privileges that would be offered by the company be the same for all salaried full-time employees of equal employment? Also, if one is a New York State employee, should he/she subscribe to NYS Disability Insurance?
An employee’s protected civil rights are based on gender, age, sex, religion, race, disability, nationality, pregnancy, and equal compensation. It is required that an employer provide the same treatment based on this aspect. However, the employment status is not a protected civil right and the various considerations given by the employer can be different. Further, all NYS employers do need to subscribe to the insurance unless they are employees who are exempted from tax. In a calendar year if there is one employee who works 30 days, then disability insurance is required. Q. An employee who is 50 years of age and is white feels that he/she is being discriminated. He/she works for an Indian reservation and is provided a contract that needs to be completed within a deadline. If the deadline is not met, he/she will not be paid and will be fired. He/she has been given work that is not done by anyone else and believes that the employer is trying to get rid of him. What can he/she do in such a situation?
The above situation is an issue of reverse discrimination. These are becoming common and courts are more open to handling such issues than they would have done a couple of decades ago. One may file a complaint in the civil court along with contacting the Equal Employment Opportunity Commission with the issue. In case of discrimination at workplace, the Equal Employment Opportunity Laws help employees to file a petition so that they may get justice. One may ask an employment lawyer for assistance in case of discrimination at one’s workplace.
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