There is no federal or state law in South Carolina prohibiting an employer from discriminating against an employee based on his or her sexual orientation. However, most Human Resources professionals discourage the practice. There are many private businesses and non-profit agencies in the country that have written policies
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Title VII of the Civil Rights Act prohibits an employer from discriminating against an employee based on his or her race, religion, national origin, gender or color. It covers all types of employment decisions including job transfers, promotions, disciplinary actions, training or other job-related issues. However, there is no
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In Idaho, and in most states of the U.S., a worker is entitled to receive his or her pay on the designated payday through guidelines of the Wage and Hour Division of the U.S. Department of Labor. This agency is also responsible for policies dealing with minimum wage.
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The Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid job-protected leave in a 12 month employee for most Texas employees. Under FMLA, a worker is guaranteed to return to his or her job with the same benefits, working conditions, and pay as
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The federal Fair Labor Standards Act of 1938 provides that in Alabama, as well as the other states, employers must not decline to pay their workers on payday. Companies are allowed to decide which day of the week, or the frequency of the pay period. However, after that
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Many HR professionals agree that discrimination based on sexual orientation is a bad idea. However, there is no Alabama law, or federal law that prohibits job discrimination based on a person’s sexual orientation. This could change in the near future with the passage of ENDA by Congress. Even
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In Montana, and most other states in the nation, an employer has the right to determine the payday for her employees, under state and federal law. However, it is against the law in Montana and most other states not to pay employees on the date. For example,
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An employer in Ohio declines to hire a man he knows is gay. This decision would be legal because there is no federal law that prohibits hiring someone based on sexual orientation. Title VII of the Civil Rights Act prohibits discriminating against someone based on race, religion, color,
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In 1964, a federal law was passed to protect workers from discrimination on a wide-ranging basis. The Civil Rights Act of 1964, specifically addressed race, sex, national origin, color, and religion. However, it does not address sexual orientation. For that reason, employment discrimination based on sexual orientation
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Employees in Arizona should be aware that it is illegal for most employers to use polygraphs to screen job applicants. Arizona has no state law, which addresses this issue, so federal law prevails. The same law also covers the use of polygraphs for current employees.
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In Wyoming there is no law, either federal or state, that prohibits discrimination based on sexual orientation. This may change in the near future. The US House recently passed the ENDA, a bill that would make discrimination based on sexual orientation a federal offense and offer
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When North Dakota employers make decisions on leave requests under the federal FMLA, they should remember what the law is intended to do. The Family and Maternity Leave Act was enacted to allow unpaid family leave and to ensure that when the employee returns he or she is
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South Carolina employers may not give pre-employment polygraph tests except in very specific circumstances. This issue can be a concern for potential employees with the increased awareness of security in the workplace. Both employees and employers should be aware that the Employee Polygraph Protection Act,
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Many employers believe that under federal law, a hostile work environment only relates to sex discrimination. This is not true. A hostile work environment can exist when employees are the targets of negative comments and behaviors based on race, religion or disability, as well. In West Virginia,
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The American’s with Disabilities Act or ADA, passed in 1990 outlawed employment discrimination for workers with disabilities. The act forbids discrimination in all employment decisions, from the hiring process, during training, affecting promotions. It includes work conditions and extends through any discipline or termination. Under
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Alabama employees often misunderstand the protection they are granted under the FMLA. The federal Family and Maternity Leave Act guarantees that an employee is entitled to the same, or a very similar, when they return from unpaid FMLA leave. The act does not dictate what
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While most Human Resources professionals agree that discrimination based on sexual orientation is not a wise practice, there is no federal law providing protection against such discrimination. Many private organizations have implemented policies prohibiting it. Some states and municipalities have statutes outlawing such
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Federal law governs the administration of pre-employment polygraph exams in Oklahoma. The U.S. Department of Labor’s Wage and Hour Division enforces the federal regulations for the use of lie detector tests in the workplace. In general, private employers are not allowed to require prospective or existing employees
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Employees in Utah are protected under the Family and Maternity Leave Act or FMLA. This federal act does not require an employee to “hold open” a job position while an employee is on leave. Many employees and employers have the mistaken impression that holding open a job
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Private employers in Minnesota usually cannot perform polygraph tests during the hiring process. Federal law applies in this matter, since there is no state law. Federal regulation allows government entities to use polygraph tests as a part of the employment process, including hiring. Under certain circumstances, private business may
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If an employee goes on leave under the FMLA, many employers in Louisiana, as well as other states, are under the false assumption that they are not allowed to fill that position. That misconception is in no way true. This is a fact
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Federal courts have determined that employers must make reasonable accommodation for disabled employees. The principle is that discrimination in the work place, based upon disability, is prohibited under the Americans with Disabilities Act of 1990. Pennsylvania employees with disabilities are protected from discrimination from the time they
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There is no federal law that prohibits discrimination based on sexual orientation in South Carolina . Other states have enacted laws to provide this protection since federal law does not outlaw such practices. New Jersey has the Law Against Discrimination which prohibits any employment decision based on sexual orientation.
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Many employees have questions regarding light duty in Mississippi . While many Mississippi employers offer alternate assignments to workers on a light duty restriction, there is no law requiring the employer to pay the worker, if no work exists. Some employers find that light duty
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Federal laws prohibiting discrimination in the workplace began with the Civil Rights Act of 1964. Discrimination based upon a wide range of factors is specifically addressed in the act. This includes discrimination based on religion, race, sex, color, and national origin. Other federal have further outlined the national prohibition
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Employees in Kentucky could be subjected to a pre-employment polygraph test if they are applying for a government position or for a job, which carries special security concerns. However, most Kentucky employers are prohibited from using polygraphs for pre-employment screening under federal law. The U.S.
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Rhode Island employers should be aware of a recent court case in Arizona related to dress code and religion. In 2002 an Islamic woman was awarded over $280,000 by the EEOC. Her employer, a Phoenix rental car agency, had required that she not wear a headscarf. She
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Under Title VII of the Civil Rights Act of 1964 setting a height requirement for a condition of employment would be considered discrimination. That’s because such a requirement would have a disproportionate effect on members of certain ethnic groups. This requirement would also be gender-biased because setting a height requirement
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In Ohio , many employers subscribe to the theory of “employment at will.” In 11 other states this is not true. Alabama , Alaska , Arizona , California , Delaware , Idaho , Massachusetts , Montana , Nevada , Utah and Wyoming all function under a different
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In West Virginia , as in many states, in the absence of a contract, the doctrine of “employment at will” prevails. For the employer this means that an employee may be terminated at any time, for any reason, or even without any reason at all. For the
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