Discrimination is a common problem, present in many areas of society. It can take different forms, being direct or indirect as well as deliberate or accidental. Many kids of discrimination are regulated by law and if you consider that you are being discriminated at your workplace, you are entitled to taking legal action. If you are a stranger in Las Vegas , in the USA , and you have a problem with discrimination in the workplace , it is best to contact las vegas eb-5 visa lawyer, and seek advice
One of the most common types of discrimination is sex discrimination, which reduces the equal opportunity to certain employers’ to be employment, pay, training and promotion. It is considered sex discrimination if the employer discriminates you because of your gender, because you are married or in a civil partnership or because you have gone through gender reassignment (as well as if you are currently undergoing it or you intend to).
Sex discrimination laws of every country cover all types of organizations and workers of both genders, and various aspects – recruitment, terms and conditions of employment, pay and benefits, status and training of employees, opportunities for transfer and promotion, redundancy and dismissal. It is considered unlawful to choose an employer of one gender over an employer of the other gender if they: do the same work, do the work of equal value or their work is evaluated as equivalent in a job evaluation study.
However, there is something called “genuine occupational qualification”, when a person of specific gender is required for a job, and it is not considered as discrimination. These are the jobs such as: jobs in single-gender schools, jobs in certain welfare services and jobs that require a male or a female actor for a role.
These are the basic types of discrimination:
• Direct discrimination – when the employer treats someone differently because of their gender, because they are married or in a civil partnership, or because of the gender reassignment.
• Indirect discrimination – when the employee is put at disadvantage because of some of the company’s working practices or rules.
• Harassment – when the employer or the other employees treat someone offensively, or they encourage or allow others to do so.
• Victimisation – when the employer treats someone unfairly because they made a complaint about discrimination.
Monitoring the employees is a sensitive issue, regulated by law to some extent, and to large extent by the policy of the company where you work. In order to avoid any legal disputes, as an employer, it is necessary to clearly form the company’s policy on monitoring and include it in the employment contract. The policy needs to state the type of surveillance (CCTV and email monitoring are the most common), the number of personal emails and calls allowed to be made daily (sometimes the employees are not allowed to make any personal calls or send personal emails at work), and all the other safety precautions that the employer plans to conduct (such as searching the employees’ bags etc.).
On the other hand, as an employee, it is necessary to thoroughly study the employment contact and the company’s handbook before you decide to even sign a employment contract. If you need someone to be consulted by, it is best to do this with a lawyer from los angeles social security attorney.
Even though it may sound cruel and unfair that you are monitored at the workplace, it is important to know that monitoring is often justified, especially when there are large amounts of money involved (like in banks), or when a high level of safety is required (such as in government-related workplaces).
Another important thing to remember for both the employers and the employees is that the employees should not and cannot be monitored at every moment and every place in the company. A good example is the toilet, where it is not legally allowed to monitor the employees by using CCTV or any other method of surveillance.
If you are an employee who is not satisfied with the amount of surveillance at your workplace, make sure to study the company’s handbook and the employment contract. If you suspect that you are monitored over the limit that was prescribed by the company’s policy and your employment contract, you can take legal action such as filing a lawsuit.
Human rights are most simply defined as tights that are considered to belong to every person. European Convention on Human Rights is created to protect human rights and freedoms of every individual, and it therefore also covers this kind of protection in the workplace. If your human rights are violated in the workplace, that is considered unlawful under the Convention if you work in the public sector, and you can therefore take legal action. However, if your workplace is in the private sector, you cannot make a claim against human rights violation based on the Convention.
But since the area of human rights has been incorporated into the other sections of law, you can take legal action based on the Human Rights Act.
Human rights in the workplace cover different areas of life.
For example, you have the right as an individual to have your personal life – family, friends, partner and children. If your employer discriminates you against your sexual orientation or the fact that you have or plan on having children, it is considered to be violation of your basic human rights. If for some similar reason , get fired , we suggest that you contact as soon as the san francisco Wrongful termination lawyer, and turn the whole case in his favor.
Another sensitive issue is surveillance in the workplace. It is not considered violation of human rights under these circumstances:
• You are aware of the types and the amount of surveillance and you are notified by the employer about the surveillance policy in advance (emails, telephone calls, internet access, CCTV and other types of surveillance).
• You are not under surveillance everywhere (e.g. it is forbidden to put the employees under surveillance in the toilet).
• You are allowed to have insight into all the information the employer has about you, such as CCTV tapes or the number of your telephone calls.
If any of these conditions is violated, it is considered as breaching human rights law and you are allowed to take legal action.