The Age Discrimination in Employment Act (ADEA) prohibits discrimination against workers 40 and over. While the law prohibits discrimination in any aspect of employment, including hiring, it is unclear whether the ADEA prohibits a certain type of discrimination called "disparate impact" discrimination in hiring. One federal court ruled that it does not. Now, a second federal court has ruled the opposite.
The Americans With Disabilities Act (ADA) requires employers to grant reasonable accommodations to people with disabilities. The Family and Medical Leave Act (FMLA) protects your job if you take up to 12 weeks of unpaid leave to care for yourself, a family member, or a new baby. If you have a disability and have taken all 12 weeks of FMLA leave, can your employer fire you if you need more time -- or would the extra time be considered a reasonable accommodation?
Many businesses require job applicants and employees to submit to drug tests either on a random basis or as a condition of employment. Generally speaking, federal law does not govern drug tests except for federal employees. For employees working in the private sector or in state or local government, the specific state law applies.
Several months ago, a bill was introduced in the Maryland legislature that would greatly restrict the enforcement of non-compete agreements. While that bill has yet to be passed into law, several other states have now introduced similar legislation, which suggests that the idea of outlawing non-compete agreements is becoming more and more popular in various parts of the country.
Many residents of Maryland understand that employment discrimination is illegal in almost every form. It is illegal for employers to discriminate against employees or job applicants on the basis of race, nationality, gender, age, and disability among other things. One of the lesser understood types of workplace discrimination is that which affects victims of domestic violence.
In this day and age, it is difficult to accept that discrimination still plays a significant role in some U.S. workplaces. Discrimination in employment has been explicitly outlawed since 1964, but unfortunately people are still sometimes treated unfairly, demoted or fired on the basis of their age, sex, race, disability, religion and a number of other classifications. When this happens, the victims of discrimination can seek legal recourse.
Facebook has been a somewhat frequent topic on our Greenbelt employment law blog. This is because employment questions have arisen in Maryland and the Washington, D.C., area about whether employees should be allowed to use social media at work, and whether employers should be allowed to use Facebook to screen current and potential employees.
The holidays are here and if you are like many Maryland residents, you multitasked this year by buying gifts online. You may have even tried to save time by doing some of your holiday shopping online during the work day--but, will that come back to haunt you?