Your employer can be quite daunting due to the perception of their immense authority, making even a basic act like asking them a question seem like a risky thing. This sense of unease can accumulate over time, ultimately hindering your confidence in requesting a raise, especially if your aim is to break free from the cycle of living paycheck to paycheck.
However, it is crucial to recognize that your boss is also bound by a set of regulations and guidelines that can be overwhelming for them. Various employment laws exist at the federal, state, and local levels with the primary objective of guaranteeing fair treatment for workers.
Here are 7 things that are illegal for your employer to do.
1. Ask illegal questions in hiring process
Employers are strictly prohibited by federal law from including certain questions on job applications. The Equal Employment Opportunity Commission (EEOC) has implemented regulations that clearly define the boundaries to prevent discriminatory practices in the hiring process.
These regulations make it explicitly clear that inquiries about personal characteristics such as age, height, race, religion, and other protected attributes are strictly off-limits. By asking these types of questions, employers run the risk of facing serious consequences, including potential discrimination charges, an investigation and even legal action.
The purpose of these regulations is to ensure fairness and equal opportunities for all job applicants, regardless of their personal characteristics or background.
By eliminating these types of questions from the application process, employers are encouraged to focus on an individual’s qualifications, skills, and experiences when making hiring decisions, rather than making judgments based on irrelevant factors that could lead to discrimination.
2. Restricting labor unions
According to the National Labor Relations Act enacted in 1935, it is illegal for your employer to prohibit you from forming, joining, or assisting a labor union. This federal law has been safeguarding workers’ rights to organize for nearly 90 years, ensuring their ability to collectively advocate for their interests.
Under this act, your boss is explicitly prohibited from engaging in certain actions. They cannot threaten to terminate your employment based on your involvement with a union, nor can they subject you to intrusive questioning regarding your union activities.
Additionally, they are barred from imposing any form of punishment or retaliation against you for participating in union-related actions or expressing support for a union.
This act is designed to foster an environment where employees can freely exercise their rights to organize, negotiate collectively, and engage in concerted activities for the purpose of improving their working conditions, wages, and benefits.
By prohibiting employers from interfering with these fundamental rights, this act helps to balance the power dynamics between employers and employees, ensuring a fair and safe workplace.
3. Call you a contractor even if you are an employee
A considerable number of individuals are engaged in contract-based or freelance work, which has become increasingly common in today’s workforce. Companies often prefer to hire freelancers and contractors due to the cost-saving benefits they offer.
Unlike employees, freelancers and contractors are not entitled to benefits such as health insurance, retirement plans, or paid time off, allowing businesses to reduce their expenses and save on certain taxes.
However, difficulties arise when businesses blur the line between contractors and employees. It is crucial to maintain the distinction between the two, as treating contractors as employees can lead to various issues.
As an independent contractor, you enjoy certain rights and freedoms. Your employer cannot dictate how you should carry out your work, impose strict working hours, or assign additional tasks that are beyond the scope of your contractual agreement.
4. Discriminate
Although it may seem like a clear-cut concept, it is important to emphasize that your employer engaging in any form of discrimination is not only morally wrong but also a violation of the law.
Discrimination is described as the act of treating an applicant or employee unfavorably based solely on factors such as race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected veteran status.
This definition encompasses a wide range of discriminatory behaviors, highlighting the commitment to ensuring equal treatment and opportunities in the workplace.
Regulations serve as a safeguard against unjust treatment, ensuring that individuals are not subjected to unfair biases. Employers are legally obligated to adhere to these guidelines, fostering an inclusive and respectful work environment that respects the rights and dignity of all employees.
5. Fail to pay a minimum wage
The federal minimum wage, which has remained at $7.25 per hour since 2009, serves as a baseline standard for worker compensation in the United States. However, it is crucial to recognize that individual states have the authority to establish their own minimum wage laws, which often exceed the federal standard.
For instance, in Alaska, the state minimum wage is set at $10.85 per hour, offering workers a higher level of compensation compared to the federal rate. Similarly, New York has implemented a minimum wage of $14.20 per hour, while California sets its minimum wage even higher at $15.50 per hour.
These variations across states reflect the recognition that the cost of living and economic conditions can vary significantly from one region to another, necessitating different minimum wage levels to ensure fair and adequate remuneration for workers.
6. Fail to provide accommodation for people with disability
The Americans with Disabilities Act is a civil rights law that’s primary objective is to safeguard individuals with disabilities from experiencing discrimination in various aspects of life, particularly within the realm of employment.
Under this act, it is explicitly illegal for employers to discriminate against qualified job applicants or employees solely based on their disability status. This means that employers cannot reject qualified candidates or terminate employees because of their disabilities.
Furthermore, employers are required to provide reasonable accommodations to individuals with disabilities to enable them to perform their job responsibilities effectively.
Reasonable accommodations can take various forms depending on the needs of the individual. For instance, it may involve installing ramps or elevators to ensure physical accessibility for wheelchair users, providing assistive technologies like screen reader software or sign language interpreters, modifying work schedules, or making adjustments to workplace policies and procedures.
7. Forbid talks about the salary
It is well within your rights to openly discuss your salary with your colleagues, and it is important to understand that your employer is legally prohibited from attempting to prevent such discussions. In fact, any attempt by your boss to deter or discourage you from discussing salaries can be considered a form of discrimination.
According to law, you have the freedom to engage in conversations regarding your own salary, as well as inquire about the compensation of your coworkers or job applicants.
This means that you can openly discuss and disclose your pay, compare it with others, and gather information about the wages offered within your workplace.
The right to discuss salary is rooted in the principles of fairness and transparency in the workplace. By encouraging open dialogue about compensation, employees are empowered to advocate for fair pay and identify potential disparities or inequities. These discussions can help shed light on wage gaps and foster a more sustainable work environment.
