Do You Know Your Employees’ Rights?

The Basic Rights of Every Employee

While labor laws vary from state to state, every employee in the United States enjoys the same rights that protect them against unfair treatment and ensure equal opportunities and a safe work environment.

Understanding and upholding these rights is vital to fostering a respectful and legally compliant workplace. Here are some fundamental rights your employee expects from you according to the U.S. Equal Employment Opportunity Commission:

Freedom from Discrimination and Harassment

Your employees have the fundamental right to work without fear of harassment or unfavorable treatment based on legally protected characteristics such as:

• Race, color, religion, sex, or national origin
• Pregnancy, childbirth, or pregnancy-related medical conditions
• Disability
• Age
• Genetic information

Equal Pay for Equal Work

The “equal pay for equal work” principle asserts that individuals in the same workplace should receive equal pay for performing substantially equal jobs requiring similar skill, effort, and responsibility under similar working conditions. 

The Equal Pay Act of 1963 is a U.S. federal law prohibiting pay discrimination based on gender. It aims to address the gender wage gap by requiring employers to give their employees fair and equitable compensation regardless of gender.

Read More: How to Negotiate Salary with Employees

Freedom to Request Reasonable Accommodations

The U.S. Department of Labor defines reasonable accommodations as any modification or adjustment to a job, work environment, or company policy that:

• Give an individual with a disability an equal opportunity to get a job and successfully perform it to the same extent as people without disabilities, as the Americans with Disabilities Act (ADA) of 1990 ensures. It includes facility enhancements, accessible restrooms, modified work schedules, and policy updates.
• Allow an applicant or employee to practice or observe their religious beliefs, as Title VII of the Civil Rights Act of 1964 ensures. It often relates to work schedule changes, job assignments, and dress and grooming codes.

If the request for reasonable accommodation does not pose an undue hardship, the law compels employers to grant it.

Read More: What is DEI in the Workplace?

Confidentiality and Privacy of Medical Information

All employees have the right to expect privacy and confidentiality when sharing medical or genetic information with their employer. 

Under the ADA, employers must maintain strict confidentiality when dealing with medical records and similar documentation, keeping them separate from general personnel files. They should only be accessible to specific individuals (i.e., first aid workers, the employee’s supervisor for providing reasonable accommodation, government officials, and insurance companies).

Protection Against Retaliation

Along with other federal laws, Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees for engaging in legally protected activities.

Employees have the right to report discrimination in the workplace, participate in a discrimination investigation or lawsuit, or oppose discrimination without being punished by their employer for doing so.

Depending on the circumstances, retaliation can include demotion, verbal or physical abuse, negative performance evaluation, work schedule changes, job transfers, etc.

How to Avoid Employee Rights Violations in the Workplace

Creating a fair and respectful work environment that upholds employee rights is crucial for every organization. More than a thorough understanding of labor laws, it requires proactive leadership and a genuine dedication to employee well-being.

Here are a few things business leaders like you can do to foster a culture of compliance and uphold the rights of your team members:

Educate and Train

As the legal maxim ignorantia juris neminem excusat (ignorance of the law excuses no one) suggests, one cannot claim ignorance as a valid defense against legal consequences. It is our responsibility to know the laws that govern us and align our actions with them.

As a business leader, a vital part of your job is ensuring you and your team understand the federal, state, and local labor laws applicable to your organization. 

By working with your office’s HR department, you can conduct regular training sessions about employee rights and recent updates about them. Help your employees understand their rights and protections in the workplace. Educate and inform your management team about acceptable and unacceptable workplace practices.

In Case You Didn’t Know:

The law requires every employer to post a notice describing the federal laws prohibiting job discrimination electronically or physically (in a conspicuous location in the workplace). Failure to do so can result in a monetary penalty of $659, adjusted annually for inflation.

Establish Fair Employment Practices

Start with inclusive recruitment processes that value—not discriminate against—every applicant’s unique background, education, opinions, and life journey.

You should also establish clear and measurable criteria for job promotions so every employee understands what skills you require and how management evaluates candidates.

Fair employment practices must reach the very end of the employee lifecycle. Build a systematic yet thoughtful offboarding process to avoid security risks, legal ramifications, and damaged relationships.

Read More: Top 10 Tips for Terminating an Employee

Provide Reasonable Accommodations

Employees don’t need to explicitly use the phrase “reasonable accommodations” when requesting them. They don’t even have to put it in writing. Informing you that they’re struggling to perform their work duties due to a medical, disability, or religious reason could already be a request for reasonable accommodation.

Technology company ADP recommends engaging your employee in an interactive process to determine their concerns, the limitations on their ability to perform their job, and the type of accommodation they require. And, based on the information you gather, provide appropriate accommodations where feasible.

Reasonable accommodations can range from purchasing ergonomic work equipment for your disabled employee to approving a time-off request so they can attend a religious ceremony.

Read More: How to Manage Time-Off Requests Like a (Good) Boss

Maintain Accurate Documentation

Keep thorough and accurate records of employment-related information like HR policies, hours worked, wages paid, leaves taken, and performance evaluations. Adhering to record-keeping requirements can help demonstrate your company’s legal compliance, prove transparency, and provide documentation in case of disputes.

Accurate documentation of legitimate, non-discriminatory reasons behind your decisions can also help address allegations of retaliation.

Conduct Regular Audits and Compliance Checks

Conduct periodic internal audits to identify and address any potential violations. These include wage and hour audits, diversity and inclusion assessments, and legal compliance reviews. 

Audits and compliance checks allow you to evaluate existing processes and policies. Your management team can identify areas for improvement, update outdated policies, and implement best practices. You can proactively protect employee rights, mitigate legal risks, and establish a robust system for ongoing compliance by rectifying potential violations before they escalate into lawsuits or employee complaints.

Create a Safe and Healthy Work Environment with Nexus HR

Every good leader aims to create a work environment where team members feel secure, valued, and supported in their daily work activities. They understand that when their employees thrive, their organization thrives, too.

If you want to increase employee satisfaction and foster a culture of safety and compliance in your workplace, reach out to the team that can best guide and support you in that endeavor: human resources.

If your HR department can’t take on that project right now—or if you don’t have an HR team at all—trusted HR solutions provider Nexus HR can fill in the gaps!

Whether you need to offload recruitment and payroll tasks or have an entire team of remote HR specialists to handle administrative work, we are here for you every step of the way. Let us help you build the healthy work environment your employees deserve.