Last Updated on May 7, 2021
As a responsible employer, we are certain that you and your administrative team are doing your best to ascertain that you are taking every measure possible to ensure your employees’ welfare. However, there are instances that require legal attention, and when these fall on your plate, you will need the guidance of legal representatives.
Common Cases Plus Important Terminology
1. National Labor Relations Act
The NLRA or National Labor Relations Act came about as a means to let the law protect both employers and employees. It also aims to foster fair and sound employer-employee relations and encourage adherence to lawful ordinances to uphold fair practices within the workplace.
It seeks to help employees work for employers that will fairly compensate for their labor, provide them with benefits, opportunities for career development, and a safe and nurturing work environment.
As an employer, you should be aware that the NLRA permits the forming of unions and similar protected proceedings spearheaded by employees. Unions are an avenue for employees to voice out their opinions regarding work conditions and how they can be improved. But it will be best to have a legal advisor by your side for you to respond in a manner that is legally sound and impartial to your employees.
Employers who dismiss workers for the carrying out of union meetings and discussions will be subject to charges for violating the statutes within the NLRA, as well as other employee rights like wrongful termination and retaliation.
2. Retaliatory Discharge
In line with our statement above, retaliatory discharge or firing is what describes the dismissal of an employee for reasons related to his or her participation in protected union activities. This holds similar for membership in a protected class. It could also be a dismissal on grounds that the employee complained about his or her employee rights.
Employees have legal rights to discuss workplace problems without the threat of being reprimanded, demoted, or fired from their jobs. This is especially because these discussions are for the purpose of improving their work situation and/or environment. Firing them due to said circumstances are a direct violation of workers’ rights.
3. Protected Class
A protected is classified into a number of branches, from race, religion, gender, disability, age, pregnancy, color, veteran status, etc. Employers who dismiss employees because of any of these traits and/or characteristics can immediately face charges and soon be brought to court.
4. Disparate Impact
Disparate impact speaks of implications and/or repercussions that affect a protected class alone, and not the entire population. In this context, the protected class in your workforce. This is considered a legitimate charge even if the company rules and regulations are neutral and are tailored towards equality in treatment for and amongst employees.
Called a type of “unintentional discrimination”, you will need the counsel of a wrongful termination attorney in Kansas City, and/or similar legal counselors who specialize in related cases. Your legal advocate will have to check on your company’s policies so that all of them are clear, fair, and purposeful, with the least to no likelihood of unlawful technicalities. At the same time, should unintentional discrimination take place, you will have a guide as to how you can tackle the occurrence lawfully.
5. Disparate Treatment
In contrast to disparate impact, disparate treatment is “intentional discrimination”. Employers are charged with this on instances where they hire only a protected class for a specific job requirement yet not offering them the same available job offerings that the non-protected class can apply for, and other discriminatory treatments within the workplace.