Questions About Employment Law

Q. Does the national law cover "same-sex" harassment?

Harassing conduct need not be motivated by sexual desire. If, for instance, a female victim is harassed in terms by another woman, or a male by a different male, courts may find an inference of discrimination. They are harassing, if it's clear that the harasser is inspired by the sex of the individual.

Q. Are employees entitled to view their files?

A. Unless the state has a statute (or case law) regulating access to personnel records, an employer is not required to let an employee view his/her file. It is normally regarded as the employer's property, even though the file is about the employee.

Q. What are some common "causes" for being fired?

(4) incompetence;

Q. Does the law govern how workers are hired?

A. Yes. Both federal and state law govern whether a person is offered employment or not, and the stipulations of the offer of employment. The laws mentioned above, as well as many other people, decide what an employer may or may not do during the hiring process, such as obtaining consumer reports.

Q. Must an employer check the citizenship or right to work of workers?

Employers are responsible for analyzing the acceptable original documents. (The sole exception is a certified copy of a birth certificate.) An employer may not ask for more documents as that is a pretext for discrimination that is prohibited than is reasonable.

Q. Does flirting and bantering between co-workers constitute sexual harassment?

The very fact that a worker participates in or tolerates or laughs off moderate sexual innuendoes or lewd remarks (possibly to match with the audience) doesn't mean that the employee welcomed the behaviour. Employees later can complain if the remarks were not invited by them, even if they did join in. However even employees who encouraged or started the off-color opinions with colleagues might have cause to complain. It's a question of fact.