Equal pay claims have risen drastically in the last two years, raising questions over whether the legal system can cope with the deluge of claims flooding the courts. Particularly badly affected are the NHS and public sectors, but employment lawyers predict the private sector will start to feel the pain in the not too distant future.
Among the factors leading to an increase in equal pay claims, the upsurge of 0no win no fee0 solicitors has been blamed by a top trade union official as a core concern.
Dave Prentis, general secretary of Unison, has laid the blame at the feet of lawyers, saying: 0no win no fee solicitors are finding equal pay claims a very lucrative bandwagon.0
As it currently stands in Britain there is a 17% gap between men and women working fulltime and 38% when working part time. But current law only provides for equal pay rights where the difference in pay is due to sexual discrimination.
From April 06 to March 07 there were just under one quarter of a million claims accepted by the employment tribunals - up from just over 156,081 during the same period in 04/05. Equal pay accounted for 44,013 claims having […]
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The Hiring Procedures
Employers do have their prerogatives to hire only the most qualified job applicants for a particular position in their companies. However, as the federal law provides, it is definitely prohibited for them to make their decisions based on the traits and personality of an applicant that are not related in the job position. The labor law provisions forbid employers to discriminate their employers according to their:
0 Race
0 Gender
0 Age
0 Marital status
0 Nationality
0 Religious affiliation
0 Disability
In addition, it is unlawful for a company interviewer to ask questions in relation with the applicant0s marriage plans, number of children, sexual orientation and even his place of birth.
All the questions should be pointing to the applicant0s capability and skills such as his former work and educational background, if applicable. Yet, in some cases, the interviewer may also determine whether the applicant has been convicted in any crime.
The Actual Employment
In California, workers are guaranteed of the following rights and protections:
0 It is the obligation of the employers to provide a safe and protected workplace for their employees. Hence, any injuries and harms incurred by their employees due to the presence of hazards in the workplace might considered as their fault and might result to lawsuits filed by the affected employees.
0 All […]
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Employment Discrimination in the U.S.
Employment discrimination has been a long-time problem in many states in the U.S. This occurs whenever the employers or the top ranking official in a company unjustly single out their employees or applicants based on the following reasons:
0 age
0 color or race
0 gender
0 religious affiliation
0 nationality
0 disability
0 other grounds
Created in 1964, the Equal Employment Opportunity Commission (EEOC) aims to end such problems, which affect the morale of the workforce. This agency has been deputized to enforce Title VII of the Civil Rights Act of 1964 that affects the labor sector and to promote government programs to achieve equal employment opportunity for the people. Since 2000, the commission has been involved in the resolution of labor disputes, with an average of more than 75,000 charges every year.
Employment Laws
After the establishment of the EEOC, numerous federal laws have been implemented to provide protection to the workers. Usually, other state labor legislations were based on these statutes depending on the need of a particular jurisdiction.
Examples of major employment discrimination laws are:
0 Age Discrimination in Employment Act of 1967 (ADEA)
0 Americans with Disabilities Act of 1990 (ADA)
0 Civil Rights Act of 1964
0 Equal Pay Act of 1963
0 Rehabilitation Act of 1973
0 Bankruptcy Act
0 Civil Service Reform Act
0 Whistleblower Protection Act
These laws prohibit various acts […]
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