Robert J. Gregory - Your workplace rights and how to make the most of them: an employees guide

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title	:	Your Workplace Rights and How to Make the Most of Them : An Employee's Guide
author	:	Gregory, Robert J.
publisher	:	AMACOM Books
isbn10 | asin	:	081447991X
print isbn13	:	9780814479919
ebook isbn13	:	9780814424445
language	:	English
subject	Employee rights--United States, Labor laws and legislation--United States--Popular works.
publication date	:	1999
lcc	:	KF3455.Z9G74 1999eb
ddc	:	344.7301
subject	:	Employee rights--United States, Labor laws and legislation--United States--Popular works.

Page i Your Workplace Rights

Page ii This book was written in the author's private capacity. No official support or endorsement by the United States Equal Employment Opportunity Commission or any other agency of the United States Government is intended or should be inferred.

Page iii Your Workplace Rights and How to Make the Most of Them An Employee's Guide Robert J. Gregory

Page iv Special discounts on bulk quantities of AMACOM books are available to corporations, professional associations, and other organizations. For details, contact Special Sales Department, AMACOM, an imprint of AMA Publications, a division of American Management Association, 1601 Broadway, New York, NY 10019. Tel: 212-903-8316. Fax: 212-903-8083 This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Library of Congress Cataloging-in-Publication Data Gregory, Robert J. Your workplace rights and how to make the most of them / Robert J. Gregory p. cm. Includes index. ISBN 0-8144-7991-X 1. Employee rightsUnited States. 2. Labor laws and legislationUnited StatesPopular works. I. Title. KF3455.Z9G74 1999 344.7301dc21 9913182 CIP 1999 Robert J. Gregory. All rights reserved. Printed in the United States of America. This publication may not be reproduced, stored in a retrieval system, or transmitted in whole or in part, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AMACOM, an imprint of AMA Publications, a division of American Management Association, 1601 Broadway, New York, NY 10019. Printing number 10 9 8 7 6 5 4 3 2 1

Page v CONTENTS Introduction vii Part I The Law of the Workplace 1 Chapter 1. Race Discrimination 3 Chapter 2. Sex Discrimination 25 Chapter 3. National Origin Discrimination 45 Chapter 4. Religious Discrimination 55 Chapter 5. Age Discrimination 68 Chapter 6. Disability Discrimination 84 Chapter 7. Fair Labor Standards 107 Chapter 8. Employee Benefits 126 Chapter 9. Family and Medical Leave 144 Chapter 10. Wrongful Discharge 160 Part II Workplace Rights in Practice 173 Chapter 11. Do I Have a Claim? 175 Chapter 12. Should I Pursue a Claim? 194 Chapter 13. The Pre-Suit Procedures 212 Chapter 14. Litigation 236

Page vi Part III Some Major Workplace Issues 253 Chapter 15. Sexual Harassment 257 Chapter 16. Down(Sized) but Not Out 283 Chapter 17. The Disability Dilemma 304 Index 319

Page vii INTRODUCTION For most of its history, the American workplace was governed by a single principle: employment-at-will. An employer could hire the employee of its choice. The employee hired served at the will of the employer. If the employer wanted to terminate an individual's employment, it could do so at its complete discretion. While an employee could, theoretically, protect his or her rights by private contract, such agreements, between employee and employer, were rare. For the most part, the employee had no legal rights and no legal recourse against the employer, no matter how unfair the employer's actions.

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