​What are my legal rights during a job application?

There are multiple state and federal anti-discrimination laws that protect you during the job hiring process. Do you know it’s illegal for any employer to do the following?

• Discriminate applicants on the basis of race, color, religion, sex, or national origin
  (Title VII of the Civil Rights Act of 1964);
• Pay men and women unequally despite performing substantially similar work
  (Equal Pay Act of 1963);
• Discriminate on the basis of age (Age Discrimination in Employment Act of 1967);
• Discriminate on the basis of disability, if the applicant is otherwise qualified
  (Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501
  and 505 of the Rehabilitation Act of 1973); or
• Discriminate based on an applicant’s genetic information
• (Title II of the Genetic Information Nondiscrimination Act of 2008).

 
As a business owner, hiring manager, or prospective employee, it’s important to know these types of questions asked during an interview or on an application are not permitted:

• Are you a U.S. citizen? What is your citizenship or country of origin?

• What is your age?

• What is your marital status?
• Do you plan to have a family? How many children do you have?

• Do you have any genetic diseases?
• What is your religion?
• Do you have a disability?

  
No Drug Tests Against Applicant’s Will
Did you know it’s illegal for employers to force job applicants to take a drug test? This means an employer cannot force an applicant to take a drug test against the applicant’s will. However, an employer offering a job that is contingent on passing a drug test is indeed lawful, and the applicant can choose to submit to the test or not.
 
For more information visit www.eeoc.gov/laws/practices.

I was recently discussing with a colleague (a father of 4) that there is a new law which requires changing stations in both men’s and women’s bathrooms in certain buildings. He laughed because he couldn’t believe there was an enforceable law in place. Then he started to reminisce about changing his children’s diapers on his lap, the trunk of the car, and the hood—yes, the hood! (And, no, the car wasn’t running or hot.)

As a parent, this is a challenge of which I’m familiar. While dining, traveling, and shopping, I’ve been lucky enough to score a bathroom with changing facilities, but I’ve also met my fair share of those lacking this much appreciated modern-day convenience. For dads, they have it worse due to the absence of changing tables in men’s restrooms. I’ve seen my husband frustrated by the lack of compassion for diaper bag-toting parents.

I’m pleased to report on October 7th, President Obama signed a bill into law requiring changing stations to be available in the men’s and women’s restrooms of public federal buildings. The Congress.gov website states changing facilities should be “…physically safe, sanitary, and appropriate” for use. The new law titled ‘The Bathrooms Accessible in Every Situation (BABIES Act)’ is not fancy sounding, but who cares!?

I was surprised when I learned a bipartisan majority in the House of Representatives agreed to the bill before being unanimously passed in the Senate. Many are praising this law, although there are those who feel the law doesn’t do enough and that it’s just a small step toward equality. I say it’s a positive start! Let’s celebrate the small victories. (Parents, I know you are silently applauding while reading this.)

Let’s face it, fathers have been dealing with the woes of changing diapers when out in public while harnessing their inner MacGyver, but oftentimes that means changing your little one on dirty floors, unsanitary countertops and car trunks. And for the women who have endured similar moments using their lap and passenger seat to get the job done, I would bet they are also in favor of all businesses installing changing stations in the restroom. At least designate one as family friendly, equipped with a changing table, turning a “unisex” restroom into an all-ages appropriate facility.

We often talk in the context of men versus women, but what about rethinking bathrooms in terms of family-friendly or child-friendly? Let’s think about who really has the disadvantage here—why are we discriminating against youngsters when it comes to providing basic needs in a public setting?
​
The full language of the Bathrooms Accessible in Every Situation or Babies Act can be viewed here https://www.congress.gov/bill/114th-congress/house-bill/5147

—Marra Chinn Allen, Marketing Coordinator & Office Manager

YES, SLAVERY STILL EXISTS...
 
Do you know there are presently an estimated 21 million slaves around the world? This staggering number comes from the International Labour Organisation (ILO), a specialized agency of the United Nations. Known as modern slavery, victims are trapped in some sort of enslavement, be it domestic servitude, forced labor, child labor, or sex trafficking. To be clear, human trafficking can include, but does not require movement. It’s also not isolated to a specific country or region of the world; it’s a global problem. And according to Anti-Slavery International, the world’s oldest international human rights organization, “women are forced into prostitution, and both children and adults are forced to work in agriculture, domestic work, or factories and sweatshops producing goods for global supply chains; entire families forced to work for nothing to pay off generational debts; or girls forced to marry older men, the illegal practice still blights the contemporary world.”
 
Perhaps you have an idea of what being enslaved means, but in truth, slavery is defined by men, women and children who are: mentally or physically threatened to work, owned, or controlled by an ‘employer’ through various methods of abuse, dehumanized or treated as a commodity through being bought or sold, and/or physically constrained or having restrictions placed on his/her freedom of movement.
 
On its website, the U.S. Department of State also identifies “child soldiering as a manifestation of human trafficking when it involves the unlawful recruitment or use of children – through force, fraud, or coercion – by armed forces as combatants or other forms of labor.” You probably heard of this as a common tactic used by extremist groups (ISIS, Al Qaeda, Taliban, Boko Haram), paramilitary organizations, and rebel groups worldwide. The U.S. Department of State goes on to say “many children are forcibly abducted to be used as combatants while others are made to work as porters, cooks, guards, messengers and spies. It’s extremely common for both female and male children to be sexually abused by commanders and male soldiers.”
 
It’s important to raise awareness about modern slavery and to recognize a victim when you see one. Preyed upon, victims are often desperate to earn money, escape an unstable and abusive environment, and seek refuge for a better life. They are commonly promised payment, transportation, and freedom in exchange for their labor. We must educate our children and citizens, arming them with opportunity and a chance to prosper. We, in turn, can help people to protect themselves against deceitful “recruiting” methods through community engagement at the grassroots level and offering educational programs. Our united goal of eliminating castes and gender inequality should also be a priority as is working with organizations aimed at eliminating slavery.
 
I would hope in my lifetime slavery would cease to exist. I am an optimist and know the reality of that happening anytime soon is being wishful. Now I’m asking myself, what can I do to help make a difference.
 
Learn more at:
www.state.gov/j/tip/id/help/
www.antislavery.org
www.endslaverynow.org
www.notforsalecampaign.com
www.hopeforjustice.com
 
—Marra Allen, Marketing Coordinator & Office Manager

In a stunning rebuke to the Obama administration, a federal judge in the Eastern District of Texas granted an injunction blocking the new salary threshold for overtime pay. The increased limits on salaried-overtime were set to take effect on December 1st.

The injunction prevents the new rule from expanding overtime coverage to salaried employees earning between $23,660 and $47,476 per year. The Department of Labor anticipated that this would spread coverage to 4.2 million American workers.

The Obama administration had sought to increase the salary limits to keep the overtime law current with inflation. In 1975, the salary limits ensured that 62% of full-time salaried workers. Today, the limits only cover 7% of salaried workers. 

Writing for the court, Judge Amos Mazzant ruled that the Department of Labor “exceeds its delegated authority and ignores Congress’s intent.”

Businesses across the nation have already taken action to avoid overtime exposure on December 1st. But for now, the salary limits will remain unchanged.

--Matt Allen

Many salaried employees are about to discover they’re entitled to overtime pay. On December 1st, the salary minimum for certain overtime exemptions is going to jump up from $455.00 per week ($23,660.00 per year) to $913.00 (or $47,476.00 annually).

The increased salary minimum applies to administrative, executive and professional employees (often called the “White Collar Exemptions”). Although these employee’s duties and responsibilities may not change, their exempt status will change to non-exempt, making them eligible for overtime compensation under the Fair Labor Standards Act.

The new salary limits will also change the overtime status for highly compensated employees. Currently, any employee making $100,000.00 per year who performs minimal administrative or executive duties is exempt from overtime pay. As of December 1st, that limit shoots up to $134,004.00 per year.

The new salary minimums are not a minimum wage. Instead, they are a limitation on the salary that certain white collar employees can be paid without being exempt from overtime. Exempt employees paid in excess of these limits will remain exempt.

The problem for businesses throughout the country is that many of them are not prepared for the new salary limits. Unless employers pay these newly nonexempt employees overtime, then the businesses may face immediate civil liability, including double damages and attorney’s fees.

There are a number of ways businesses can protect themselves, but time is short. Businesses have only thirty-five days left to take precautions against new overtime liability before the salary minimums go up. Now is a good time for businesses to prepare for the change.

If you are concerned about overtime liability, please contact our office today. 

–Matt Allen, Associate
Employment and Labor Law Attorney

If you're like me, you've probably read the recent headlines about the settlement between Fox News and former TV anchor Gretchen Carlson. The story made waves when Carlson claimed she was sexually harassed by former chairman and CEO Roger Ailes. Now just two months after Carlson's lawyers filed the papers, Fox News and Carlson have reportedly settled the case for $20 million. In addition, as part of the settlement agreement, Fox issued a rare public apology that stated "We sincerely regret and apologize for the fact that Gretchen was not treated with the respect and dignity that she and all of our colleagues deserve.”

We should be proud of courageous women like Carlson who stand up for their rights and their beliefs. It can be hard. Certainly there is doubt, fear, and the possibility of being shunned by co-workers, friends, and family. The idea of risking your career and going up against the "boys" is enough to make you think twice, three times, and ultimately remain silent.  I believe educating women and advising them of their civil rights is paramount. But in a tough situation will a woman make the choice to defend herself?

My hope is we all learn a lesson from this recent lawsuit—that no matter who you are, where you come from, where you work or the "powerful" people involved, you have a voice and are protected under U.S. sex discrimination laws.

Women are powerful and deserve to be treated with respect.

–Marra Chinn Allen
Marketing Manager, Harris Law Firm

As someone who recently accepted a new position at Harris Law Firm, I can proudly say I benefited from the stable job market last month.

According to the Associated Press’ coverage of a government monthly jobs report, over the past 12 months, the jobless rate for women fell from 4.9% to 4.3%. Specifically, women ages 35 to 44 contributed to unemployment dropping more than a full point to 3.5% over the past year.

It is noted that even with the significant job gains, the overall unemployment rate remained at 4.9% for the second month in a row which took into account the more than 400,000 people who looked for jobs in July with some not immediately finding employment.

While women benefitted overall, for some groups the jobless rate increased (men, Asians and people over 55 years of age).

Even so, the positive jobs report is an indication that the economy is in an upswing following our nation’s recession. This is based on the number of adults that have recently been hired or are currently looking for employment.

- Marra Allen, Marketing Manager

Source: The Associated Press, 2016-08-05