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Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
The Act aims to extend the full right to freedom of association to employees seeking to unionize their workplace, or take group action to address conditions of their employment. [6] The NLRA ensures workers protections by making it an unfair labor practice for employers to take adverse disciplinary action or retaliate against employees ...
When an arbitrator looks at a discipline dispute, the arbitrator first asks whether the employee's wrongdoing has been proven by the employer, and then asks whether the method of discipline should be upheld or modified. In 1966, an arbitrator, Professor Carroll Daugherty, expanded these principles into seven tests for just cause.
Laws restricting employment discrimination for persons who have been convicted of criminal offenses vary significantly by state. [137] The U.S. Equal Employment Opportunity Commission has issued guidelines for employers intended to prevent criminal record discrimination from being used as a proxy to effect unlawful racial discrimination. [138]
Employers have varying views of sleeping while on duty. Some companies have instituted policies to allow employees to take napping breaks during the workday in order to improve productivity [11] while others are strict when dealing with employees who sleep while on duty and use high-tech means, such as video surveillance, to catch their employees who may be sleeping on the job.
The term stems from Loudermill v.Cleveland Board of Education, in which the United States Supreme Court held that non-probationary civil servants had a property right to continued employment and such employment could not be denied to employees unless they were given an opportunity to hear and respond to the charges against them prior to being deprived of continued employment.
The plaintiff in a disparate treatment case need only prove that membership in a protected class was a motivating factor in the employment decision, not that it was the sole factor. One's membership in a protected class will be considered a motivating factor when it contributes to the employment decision.
Likewise, a hostile work environment can be considered the "adverse employment action" that is an element of a whistleblower claim or a reprisal (retaliation) claim under a civil rights statute. When an employee claims that a hostile work environment is an adverse employment action, the legal analysis is similar to the burdens of proof ...