Do You Know Your Employee Rights?
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Early in my career, I was working as a therapist in a community mental health center. In the pursuit of licensure, I met with a clinical supervisor to review client cases on a weekly basis. Over time, it became evident to myself and another supervisee that I was being illegally discriminated against., Wbut we were new to the field and unsure of how to handle the situation. Fortunately, other co-workers with decades of experience stepped in, informed me of my rights, and guided me through the entire experience.
Most people know employees have rights, but often we don’t know what those rights are. We live in a world of never-ending change. What we consider today as fair and equitable treatment in the workplace, is a far cry from what we experienced as a culture two or three decades ago. People and laws are constantly in motion, making your knowledge of employee rights a key component in being able to advocate for yourself should you face problems.
Thinking back on how crucial support from my experienced colleagues was at that point in my career, I understand the value in having someone knowledgeable at your side. The Wilbanks Consulting Group has a devoted team of career coaches ready to tackle complex career problems, including when your rights or protections are being challenged.
Note: Employer rights are increasingly complex, especially given differences based on country. For the purposes of this article, l’ll focus primarily on American laws and regulations. However, it is critical to inform yourself about employment laws in your employer’s country of origin in order to recognize any potential problems.
What are Workers’ Rights?
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When we think of defining and understanding our rights, often our first thought is to find the employee handbook or contract. However, most employees have basic or fundamental federal rights in the workplace that may or may not be prominently featured by their employer.
You don’t know what you don’t know. By knowing what your rights are, you can understand how to protect them not only for yourself, but for others, contributing to a more equitable work environment.
A Brief History on Worker Rights
Employer rights as a federal protection got their start in 1938, with the passing of the Fair Labor Standards Act. Prior to its inception, employees were at the mercy of their employers, often forced to work in unsafe conditions with unfair pay.
Fast forward to today, the US Department of Labor is currently enforcing over 180 laws relevant to employee rights. While there is no fundamentally agreed on list of basic rights all employees share, the International Labour Organization (ILO) established essential categories of fundamental worker rights in 1998.
6 Fundamental Rights Every US Employee Should Know
Here are six fundamental employee rights to know, what to do if you are concerned about your rights being violated, and how The Wilbanks Consulting Group can be an instrumental force in navigating the complexities of worker rights.
1. Discrimination and Equal Treatment
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Many employees are protected against workplace discrimination based on their protected characteristics. This protection extends to all aspects of the employer-employee relationship, from recruiting, interviewing, hiring, training, promotions, layoffs, firings, etc. Employers are also required by law to investigate discrimination claims promptly and take appropriate measures to end it. Under both U.S. state and federal law, several protected characteristics exists including the following:
2. Equitable Pay
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You have the right to be paid fairly and to work reasonable hours. Under the Equal Pay Act of 1963, women and men have the right to equal pay if performing equitable work in the same workplace. Determined primarily by job content rather than job titles, positions do not have to be identical but do need to be considerably equal. This covers all forms of compensation, meaning not only your paycheck, but also any benefits including:
Overtime Pay
Bonuses
Stock Options
Profit Sharing and Bonus Plans
Life Insurance
Vacation and Holiday Pay
Cleaning or Gasoline Allowances
Hotel Accomodations
Reimbursement for Travel Expenses
You are also protected by law if you talk to your coworkers about your salary or pay. It is illegal for employers to ban employees from discussing pay, benefits, or any other compensation. That being said, making the decision to share salary information with anyone in an informal setting should not be made lightly.
Today’s labor market looks vastly different from what it did pre-pandemic; with record numbers of workers quitting, companies have had to become creative in offering career packages and enticing new employees, leading to what has become a volatile market. Meeting with a WCG career coach can help you make the best decision in how to address salary concerns, who to approach, and if it’s optimal timing.
3. Reasonable Accommodations for Medical Conditions
Title I of the Americans with Disabilities Act (ADA) of 1990 prohibits most employers from discriminating against qualified individuals with disabilities, covering businesses with 15 or more employees. The ADA requires reasonable accommodations ensuring equal opportunity during: a) the application process, b) position requirements, and c)benefits or pay packages.
Reasonable employment accommodations are exactly what they sound like: modifications to a job, work environment, or method that provide equal opportunity to secure the job, to successfully perform the tasks required of the job, and to have the ability to excel similarly to other employees. The following are examples of reasonable accommodations most employers can make:
Facility enhancements including accessible restrooms, ramps, or ergonomic workstations
Assistive technologies (i.e., screen reader software, use of videophones)
Policy adjustments (i.e., remote work or flex time to assist with frequent medical appointments)
Accessible communication through use of closed captioning, large print materials, or sign language interpreters
4. Health and Safety
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According to the US Bureau of Labor Statistics, over 2.8 million workers were injured or sickened at work in 2023, and over 5,400 workers were killed in workplace accidents in the same year. Your company is required, by law, to provide safe and healthy working conditions. The Occupational Safety and Health Act (OSHA) of 1970 was passed to protect workers from injury or death, requiring employers comply with various standards meant to reduce known dangers.
As an employee, you have the right to receive training and information on possible hazards, including steps you can take to protect yourself. You also have the right to request and receive information on:
Records of work-related injuries and illness occurring in the workplace
Copies of test results reviewing hazardous materials in the workplace
Copies of your own workplace exposure and medical records
Contacting OSHA, being involved in workplace inspections, and speaking privately with inspectors
Workplace inspection results
Employers are legally required to submit records of injuries and occupational illnesses to OSHA, and some of these reports are publicly available. Workers can also request employers take action to correct hazards or violations that aren’t specific to OSHA standards.
5. Right to Organize
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The National Labor Relations Act (NLRA) protects the rights of most private-sector employees to organize as a group effort to improve working conditions, wages, and benefits. They can choose to have a union as their bargaining representative, engage in collective bargaining, or refuse to take part in the process. Employers cannot retaliate, fire, discipline, demote, or discipline employees in any way for participating, leading, or refusing to engage in organization efforts (Department of Labor).
6. Whistleblower Protection
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Reporting a workplace violation is a daunting thought for most, but OSHA prohibits employers from retaliating against employees for filing complaints, reporting illegal conduct, participating in investigations, or contacting an OSHA inspector. Even if a report is unfounded, you are still protected against retaliation.
It is important to note that workers wanting to file a complaint with their local OSHA office should do so within 30 days of the incident, though time limits vary and extend up to 180 days based on violation. There’s also several methods to file a complaint, including online, over phone, and in-person.
Additional Places To Learn About Your Employee Rights
While the list above is a great place to start to understand your employee rights, it's just the tip of the iceberg. There are other places where you can educate yourself about your rights. Here are a few examples.
Employee Handbook. As previously mentioned, this is where most people start to look for employee rights information. It’s always a good idea to familiarize yourself with your company’s employee handbook, which should outline your rights and company policies in detail.
Employee Contract. Be sure to fully read and understand your employee contract, consulting with an attorney if needed. Employee/Employer contracts should include details such as job title, duties, salary, employment dates, working hours, working location, benefits, intellectual property ownership, termination details, and any restrictive clauses.
Federal Agencies. Numerous federal agencies exist to protect worker rights, including but not limited to:
Equal Employment Opportunity Commission, Social Security Administration
Office of Special Counsel for Immigration-Related Unfair Employment Practices
Union Representative. If your position is covered by a union, become familiar with additional protections provided as part of your union contract.
What To Do When Your Employee Rights Have Been Violated?
American employees are fortunate to enjoy numerous legal protections designed to provide equitable pay, safe working conditions, amongst others. Despite the growth in worker rights we’ve experienced over the past century, the reality is many continue to get hurt on the job, have inequitable pay, or worse. By understanding your rights, you are better prepared in the event of a workplace incident.
Let’s walk through the steps of what to do should you find yourself in this position:
Document, document, document. Keep any and all records of any incidents including emails, text messages, and/or written reports. Records should include dates, times, individuals involved, and incident descriptions.
Speak to HR or your supervisor detailing the incident. It’s always a good idea to have communication in writing, informing them of your wish to seek a resolution.
Contact your career coach. While you may not be able to share all the details of an ongoing investigation or incident, seeking guidance from a WCG career coach can help you work through the process with confidence.
If needed, go beyond internal leadership within your organization. If an incident is serious enough or you are uncomfortable, you have the right to file a confidential complaint with OSHA and request an inspection.
Seek legal advice. If you are considering pursuing legal action, you’ll want to consult an employment attorney.
Additional Guidance for Employee Rights
Facing employee rights issues can feel isolating and can have lasting consequences with dire effects. With The Wilbanks Consulting Group in your back pocket, you’ll never have to navigate any career issue alone. Our expertly trained professionals are available for hourly, 90-day, and monthly career coaching that provides you the support you need to tackle complex employee rights issues.
If you find yourself looking for a new job after a worksite incident, one of our career coaches can also guide you on how to leverage your experience to your advantage in your resume, cover letter, interviewing, LinkedIn profile, and more.