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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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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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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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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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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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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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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Title VII of the Civil Rights Act of 1964 is a federal law, which governs all employers in Oklahoma, and deals with discrimination in the work place. Under this law, the employer has the obligation to ensure that discrimination is not practiced as a part of his
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In all but 11 states, the concept of “employment at will” applies to employment relationships where there is no employment contract. This policy has implications for both employees and employers. In New Jersey , the “at will” concept, which has its roots in common law, has been
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Title VII of the Civil Rights Act of 1964 prevents a Nebraska employer from implementing any policy that limits opportunities for members of a protected group, even if discrimination is not the purpose of the policy. In most cases, a height requirement would fall into the category
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Employees in Nebraska are protected from discrimination in the work place. In particular, one type of discrimination, which is prohibited in Title VII of the Civil Rights Act of 1964, is religious discrimination. One area where employees may be affected is in the dress code. Federal law requires that
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The state of Colorado has set some restrictions on the policy of “employment at will.” In 11 states, some of them neighboring Colorado , the “at will policy” is not practiced at all. Those states adhere to another legal concept, the “covenant of good faith and fair dealing”.
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Because Mississippi employers are subject to federal civil rights laws, they must make reasonable accommodations for an employee’s religious beliefs. Requiring an individual employee to be clean shaven, or wear a particular uniform when such an act would violate that employee’s sincerely held religious beliefs, has been interpreted by
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Federal law prohibits discrimination in the workplace. Title VII of the Civil Rights Act of 1964 outlaws discriminatory practices based upon race, religion, color, national origin, sex, and age. Further federal legislation and regulation has added disability to that list, and defined more specifically what actions might be considered
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Employees often wonder if an employer can set a minimum or maximum height or weight requirement as a condition of employment. Title VII of the Civil Rights Act bars Georgia employers from discriminating in hiring based on religion, sex, race color, or national origin. Setting a height requirement would
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Michigan employers may be guilt of illegal discrimination, even if that is not their intention. Setting a height requirement, for example, would have a greater effect on women and members of some ethnic groups. It would be discrimination under Title VII of the Civil Rights Act of 1964 which prohibits
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In the state of Tennessee, no state or federal labor laws require employers to offer paid sick time to workers. In fact, there are very few states that make it a requirement for employers to pay employees for any sick time.
Only about ten states require employers to compensate
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Under Title VII of the Civil Rights Act of 1964, any job policy or practice that limits hiring opportunities for a protected group may be illegal discrimination, even if that was not the employer’s intention.
This would include setting minimum requirements for height, because the courts have ruled that
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Employers have begun to use Paid Time Off programs, or PTO, with increasing frequency in Georgia, and throughout the U.S. Paid Time Off programs give workers a basic allotment of time off that they can use for any reason they want. There are no classifications between what is sick time
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Many employees in Nebraska have questions regarding sick pay. The fact of the matter is that in Nebraska, as well as all other states, neither federal nor state labor laws require employers to offer paid sick time to workers. Employers are simply not required to pay employees who have been
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Concerns regarding the specifics of Arkansas labor laws have some employees asking questions. Many of these questions pertain to employees who live and work in one state, while their employer is actually located in another state. A common question is which state laws would apply in such circumstances?
