There are a number of laws that prohibit certain types of discrimination in the work place. Many of these are set to protect workers from being penalized, dismissed or not considered due to a number of factors including race, skin color, national origin, gender, disability, religion, or age. But workplace discrimination laws cover all facets of employment from hiring to dismissal and even upward mobility within a company. Below we’ll discuss a few examples of employment discrimination, and what you should do if you find yourself a victim.

The first set of laws surrounds the hiring process. You will notice that many fast food restaurants place placards on their walls announcing that they are, “equal opportunity employers”. All businesses must inform employees of their rights under Equal Employment Opportunity Commission (EEOC) laws. Employers may not discriminate in the hiring or promotional process on the basis of any of the above listed factors. Additionally they may not act on or harbor stereotypical ideas about a person based on a disability, their race, color or age.

It is also illegal to discriminate against National Origin. Employers can not discriminate against an individual because of birthplace, culture or the linguistics of a ethnic group. You may also not require an employee to only speak English on the job unless you specifically inform them when they must speak English and the consequences for not doing so.

There are also stringent rules regarding Sex Discrimination. The two most commonly covered are sexual harassment and pregnancy based discrimination. Sexual harassment can range from requests for sexual favors to hostile work environments that are created to target any sex. Same sex harassment is included. Lewd comments can also be considered sexual harassment. Pregnancy based discrimination states that a employer must treat child birth, pregnancy and any related issues as they would any other temporary illness or condition. Under the Family and Medical Leave Act (FMLA) additional rights are also given to parents and caretakers, which allows eligible employees anywhere from 12-26 workweeks of un-paid, job-protected leave.

Additionally employees who are wrongfully terminated for exposing illegal practices in their workplace such as discrimination, embezzlement or wage and hour violations can not be penalized. By law these employees must be free from retaliation. This is known as “whistle blowing”. Unfortunately despite the fact that the employee merely exposed a wrong, many employees may find themselves demoted, fired or harassed. This is illegal and you are not allowed to be held in contempt for blowing the whistle.

Other regulations include:

The Americans with Disabilities Act– which requires employers to recognize that a disabled employee is “qualified” so long as they satisfy all areas of the job and requires that they be “reasonably accommodated”.

Religious Accommodation- which requires a employer to “reasonably accommodate” the religious beliefs or practices of a employee, so long as it does not interfere with their work.

Equal Pay- which prohibits differences in pay based on the sex of the employee.

If you or someone you love has been a victim of workplace discrimination contact a Workplace Discrimination Attorney to learn about your legal options. Workplace discrimination is a complex and ever changing field, and a employment lawyer who is well practiced in workplace discrimination will know all of the current rules and regulations and how to apply them to your case.

Employment law is a set of regulations in the workplace created and enforced by the Department of Labor to legally protect employees from any mistreatment by their employers. The Equal Employment Opportunity Commission and National Labor Relations Board are also in place to enforce individual statutes of employment law. Developed shortly after the Industrial Revolution when employees were largely mistreated and lacked protection from their employers, these sets of laws address concerns regarding employees being overworked, being placed in unhealthy or dangerous environments or being rendered unable to work without appropriate compensation. Employment law also protects employees from being unfairly discriminated against due to race, sex, age or disability.

Arizona is regulated by both state and federal law and is one of a number of states that has a “right to work” provision in its constitution, which ensures non-discrimination in unions by prohibiting them from requiring employers to only hire union members. Arizona’s Civil Rights Statutes consider the Civil Rights Act as well as the Americans with Disabilities Act to prevent any discrimination. The statutes prohibit an employer from refusing to hire or discharging any individual, or from otherwise discriminating against any individual with respect to the individual’s compensation, terms, condition or privileges of employment.

The state implemented the Employment Protection Act of 1996 to establish that any employment relationship is contractual in nature and severable by either the employee or the employer, unless the employment relationship is varied by a written contract. The Industrial Commission of Arizona is an agency  that is in place to administer and enforce wage laws, among other things. Arizona did not have a minimum wage until January 1, 2007 and since minimum wage laws have been put into place the state is required to alter the amount each year to coincide with the state’s cost of living. The state of Arizona has no specific overtime laws, nor do state laws regulate employee breaks or number of hours worked; however employers are required to conform with federal overtime laws.

There are many more complexities, details and exceptions of federal and state employment laws; this is only a brief summary of Arizona’s employment laws. If you have any questions about your rights as an employee, an employment lawyer at Robaina & Kresin PLLC can help explain them to you.