Impacts of OSHA'S Whistle-blower Laws in Workplace

 

 

Every employee is entitled to a safe and conducive working place as provided by the Statutes of land. Similarly, OSHA'S Act of 1970 provided for the employee protection which addressed the various matters related to workplaces including killings in the line of duty among other harms caused by hazardous substances. The introduction of OSHA law ensured that employers offer their subjects or rather employees an environment that is free from deliberate dangers as well as safeguarding their health concerns. The law moreover provides a training and informative programs to help the workers and employers (Jung & Makowsky, 2014).OSHA laws offer for absolute rights that workers should be accorded to when on duty. It ensures that workers gain the knowledge of identifying the hazards involved in their working environments. OSHA standards cover a wide range of business sectors which include agriculture, maritime, construction and general industry which comprises the best part of employees. The rules provide for a broad range of hazards that employees encounter in their daily endeavors. Among the standards include the limitation to exposure to toxic chemicals, noise pollution, safe work equipment and practices as well as proper documentation and monitoring of sickness and injuries that are work-related (Wilcox & Marria, 2016).These laws have considerably helped improve the working environment for employees in the United States.

To begin with, OSHA standards provide for full employee protection where safety equipment and protective clothing are to be offered for the free. This law has made many companies strive and minimize the hazards involved when handling hazardous substances. Equipment such as goggles, respirators, gloves, earplugs and proper protective gears have been employed to help control the risk in workplaces. Employees are also entitled to this protective at a free charge for maximum protection within the working environment. Most of the modern companies in the US embrace this standard where protective clothing is worn, provision of earplugs to reduce noise in industrial setups as well as the use of gloves in an institution such as hospitals and research organizations where hazardous chemicals and substances are handled. According to Noe et al's (2003), this has considerably reduced the exposure of employees to chemicals thus a favorable environment which translates to high productivity. Contrary to this, the traditional or rather ancient workplace was exposed to more hazard as no laws existed to protect employees and the employers did not sufficiently implement the few from the federal government (Lyons & Kuron, 2014). This, therefore, translated to high mortality rates as a result of exposure to toxic substances as well as other physical disorders like hearing problems due to noise pollution.

Secondly, OSHA laws provide employees with the right to information. Employees are entitled to reports on the hazards present in their workplace .they are also allowed to know how to protect themselves in the occurrence of such risks.OSHA standards require employees to incorporate different techniques to create awareness about the hazards to their employees (Wilcox & Marria 2016).Example of these methods includes training the employees on the dangers and how to protect themselves whereby they are still entitled to their wages during the training. Employers should also ensure warning and color coding signals which are easily interpretable put on every department and machinery which hazard risks. A good number of organizations in the US have employed these standards where the employees are entitled to training on hazards. For instance, the ISO training and certification programs which ensure that employees are equipped with sound industrial practices for quality management (Jung & Makowsky 2014). Companies have also provided for fast aid training practices for its employees where they are trained on how to handle different situations that may erupt in their workplaces. The advancement in modern technology has also ensured safety management where the introduction of CCTV among other monitory gadgets has made it possible to provide for real-time rescue in the event of hazards exposure. Generous distribution of fire extinguishers and alarm switches has also made it possible to address the issue of safety among employee (Noe et al., 2003). Ancient workplaces were however characterized by immerse hazard exposure due to the rigidity that was experienced by the employers and their workers. Employees were subjected to duties without any freedom to inquire about their safety. Teamwork was never prioritized as it would seemingly demean the authority of the employers towards their subjects (Lyons & Kuron, 2014). Workplaces were therefore hostile as many work-related cases were ignored or received little attention if any.

Thirdly, OSHA laws provide the employees with the right to have information on hazardous chemicals. This, therefore, requires that all the employees be trained and equipped with relevant information on the substances they handle. Moreover, it is mandatory that the employers give adequate training in a manner that can be comprehended by all the employees. The law also demands that a list of harmful chemicals be made available to the employees (Jung & Makowsky, 2014). Employers should even make sure that all the hazardous substances are labeled with hazard warning signs as well as making them possible in safety data sheets which contain relevant information for handling them, their effects, emergency measures upon exposure and preventive measures (Wilcox & Marria, 2016). Modern working environments have ensured that hazard warning signs are provided in all machinery, substance, and department with risks of hazard exposure. For instance, most research laboratories and mechanical systems in the US are fitted with hazard labels. Similarly, manufacturing companies have ensured safety data sheets accompanying their products and services which have promoted safety thus reducing the mortality rates in regard to hazard exposure (Lyons & Kuron, 2014).Ancient environments, on the other hand, experienced high death rates due to exposure to hazardous substances as well as lack of proper information about substances leading to considerable accidents.

OSHA laws also provide for rights for employees to be aware of their rights in the workplace as well as the laws that govern them (Wilcox & Marria,2016).This has been made possible by ensuring that all the OSHA official posters on health and job safety are displayed by the employer in strategic points where all employees can see. Most of US business organizations are embracing digital platforms by making these laws available on their employee portals and companies websites. Other enterprises provide for notice boards that are strategically located for employees to get the information without any hustle. This has encouraged morale among employees as well as respect between them and their counterparts thus competitive advantage (Noe et al., 2003).In contrast, traditional workplaces were characterized by no legal provisions for employees' safety thus subjecting them to harsh rules and regulations which only favored the employers (Lyons & Kuron, 2014).

Last but not least, OSHA provides for the right to access information on illness and injury records (Wilcox & Marria, 2016).This is however directed to employers with a total number of workers exceeding 10.Employers are therefore expected to record all sickness that is work-related as these records are essential for analysis and evaluation of practices that will help contain further occurrences. It also provides light to the employees on the activities that should be avoided. Right to exposure to information is also provided where tests can be run to establish hazardous substances in the workplace. Modern workplace environment offers for exposure monitoring where employees undergo tests after a specified period to ascertain the probabilities of exposure to hazards (Jung & Makowsky, 2014).For instance, employees exposed to nuclear radiation in military undergo frequent check-ups. Also, those in research and medical institution where hazard exposure is common are entitled to free check-up and follow-ups.This has ensured efficient and practical attention to the employee thus risk management (Lyons & Kuron, 2014).Ancient workplaces were however not subjected to these specifications. Therefore work-related infections and death were immense.

 

In a nutshell, the introduction of OSHA laws has improved the working environment for workers. It has ensured that both employees and employers co-exist which translates to high productivity. It is, therefore, a crucial law which all companies should fully implement as it not only creates a smooth working environment but also ensure global expansion for profit maximization.

How My Mom Sued the Government and Won

 

 

The year is 1991. My mother has been recently promoted to branch secretary for a federal government agency. A few years after she started working at the agency, her section was disbanded and she was transferred to a new section with a new boss. While still recovering from a severe car accident that occurred three years prior, a mysterious illness begins to take over her body. Her new boss did everything he could to make this situation even more horrifying, so she filed a claim with the Equal Employment Opportunity Commission against the U.S. Department of the Interior, in which her boss served as a representative. Title I of the Americans with Disabilities Act helped my mother tremendously in the workplace by protecting her from termination, safeguarding her from discrimination, and allowing her to seek the medical treatment she needed.

Still, in recovery from her car accident, my mother was also experiencing frightening and debilitating physical and psychological issues. She knew something was wrong beyond the aches and pains of bodily collision damage. From a slight tingle to full electricity spasms, she would also experience full-body numbness that would last for days, in which she would lose the use of her limbs and could not walk, let alone attend work. It was impacting her daily life, including work attendance. During this time of turmoil, my mother sought out medical treatment and kept her employer fully aware during the whole process. Symptoms would go from one extreme to another. She did not know what was wrong with her, doctor after the doctor did not know either, a few even remarking that it is all an act. She was even referred to a psychologist, and that psychologist took one look at her and referred her to a neurologist. That neurologist diagnosed her with Multiple Sclerosis. When my mother was transferred to her new section as a branch secretary, Not only did her new boss deny her the ability to be promoted, he demoted her immediately to an entry-level position and hired a new branch secretary. In addition to denying my mother her lateral job position following her transfer, he attempted to terminate her altogether. In the midst of all this, her boss walked into her office and said: "You and your stuff are out of here today and no phone call from your doctor is going to change it." My mother was absolutely devastated. The job she had worked so hard for gone because of reasons she could not explain. No one else would hire her with "TERMINATED" on her record- especially in the federal government. She began doing research and went to work filing a claim under Title I of the A.D.A., which is employment. Knowing the state of health she was in at the time, she fought for her retirement as opposed to being rehired because if she retires, she can always return if the Multiple Sclerosis goes into remission. The Americans with Disabilities Act helped my mother tremendously because it states "it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment".¹ In her case, he would not even grant her the position she transferred in with. The A.D.A. also allowed her to retire after the onset of her illness, and saved her the humiliation of being fired and labeled an "unreliable employee".

Not only does the A.D.A. protect people against wrongful termination, but also discrimination. After being demoted my mother was subjugated to less than equal pay for the same amount of work and experience as the other employees. She was transferred as a branch secretary but her new boss refused to acknowledge it. Because of this, she has bounced around from position to position, all of which were lower entry-level positions resulting in substantially less pay. Reasonable accommodations were not made in her state of declining mobility. The A.D.A. "requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities."² There were no wheelchair ramps to access the building, and there were only steps to reach the second floor. My mother was also discriminated against in a social aspect. She was talked about horribly by her boss and he facilitated this behavior among other employees. Her boss stated that this is because my mother did not do her work. With the help of the A.D.A., she had the chance to offer her evidence to the contrary that showed all her work and document keeping was neat, organized, and complete. The claimed was ruled in her favor due to the laws in the A.D.A. stating that the employer has no right to terminate or discriminate against an employee on the basis of disability, as long as they are able to perform essential job functions, in which she did above and beyond.

The most important thing the Americans with Disabilities Act did for my mother was that it allowed her to have the security to seek out medical treatment. Being under the care of a physician and the laws of the A.D.A. she was able to get the medical treatment necessary without fear of being fired. Not only did she have to seek out medical professionals for what she was going through already due to her Multiple Sclerosis, she also had to because of the psychological abuse she was put through in her work environment. The repeated threats of firing due to her medical problems resulted in a constant state of stress, which drastically increases the severity of Multiple Sclerosis symptoms. My mother was able to retire because of the A.D.A., and that retirement includes medical coverage in which she can pursue ongoing treatment.

Overall, the Americans with Disabilities Act has changed the landscape of this country. Both the physical landscape through the installment of ramps and elevators, and the demographic landscape by allowing disabled citizens to still have a chance to a successful life instead of being the largest sector of the impoverished. The A.D.A. empowers disabled citizens to not be mentally and physically abused in their place of work. It provides a strong backing to those who suffer from health problems to try to improve themselves, instead of being fired or being treated as a lesser individual. My mother was subject to wrongful termination and discrimination due to her disability. Even though her employer was the federal government, she fought back and was able to offer such solid evidence of these blatant wrongdoings that she won. This could not have happened without the act that was passed only a year before.

 

Do you know What is Women's Rights in the Workplace? "We hold these truths to be self-evident, that all men are created equal." These word's that are located in the United States Declaration of Independence are strong and powerful, but when taken literally they leave out a crucial point. What about the women? Throughout the years it has been a struggle for women to rise and be seen as an equal with their male counterparts in the home and work life. President John K. Kennedy said regarding discrimination, "Difficulties over segregation and discrimination exist in every city, in every state of the union, producing in many cities a rising tide of discontent that threatens the public safety."

Their rights have been suppressed by letting them be allowed from certain areas of employment to not receiving equal pay and benefits just because of their gender. Although the opportunities that women can pursue compared to men has improved and increased over the years, discrimination is still a large problem in the workplace. In 1964, the law named Public Law 883-52 was passed by Congress that would no longer allow discrimination "based on race, color, religion, sex, or national origin" when "hiring, promoting, and firing" of workers.

When Congress first brought this bill to be passed, a representative known as Howard Smith who was a Democrat from Virginia, added this word arguably to no longer get the bill passed. It is interesting and showing that a large moment in the women's rights wasn't even originally passed for their best interest. Instead, women's rights and issues were used as a political battlefield. Title VII of this bill which provided equal employment opportunities to individuals who are seeking employment prohibited against discrimination on the basis of sex and race subsequently created the Equal Employment Opportunity Commission (EEOC) as well.

This act, title, and commission were very large monumental stepping stones for the promotion of women's civil rights and equality, but the fight is far from over.

 

 

There are thousands of sex discrimination claims in the workplace filed every year. Looking back to when this law was in its infancy every single claim that was filed between 1964 and 1966 had been ruled against the women who filed the claim.

This raises the large question of has anything improved from then to today? The enforcement of Title VII has gone through the court system countless times, and in every instance, that title has gotten stronger. The enforcement has been able to provide more protection to women, but the largest battle has also been changing the mindset of women and discrimination as well. Women who are thought to be ambitious are also described as selfish and cold. Women in careers who show aspirations of having a family are automatically stereotyped as not wanting to pursue or continue their careers as well. Title VII protects women from being discriminated against regardless of where they are in their family life, or what their family planning might be in the future. A woman cannot be discriminated against for being pregnant, have young children, or a possibility of future pregnancy. For example, women who had young children who yet were yet at a school attending age were protected from employment discrimination unless the employers established the same rule for men as well.

Women in the sixties were fighting for many issues that are similar and different than what women are fighting for today. This goes to show that the discrimination issue is constant and every adapting. In the sixties, women were fighting to be able to obtain degrees and enter fields that once were not allowed to them. While women today are fighting for equal pay and promotions as well. Women are a considerably large portion of the modern-day workforce, however, in the same position with the same criteria as men earn on average twenty percent lower.

 

 

The wage gap has been a large controversial issue that should not be ignored. It seems that most aspects of employment were kept from women at some point, and they have to continue to fight for equality on every detail. The Title VII has been historical because it now provides a legal precedent that individuals can use to build upon for substance of their legal fights. In the 1980's the federal courts prohibited sexual harassment under the Act stating that sexual harassment is sexual discrimination.

Also, there is a foundation and legal path that women can continue on, it all began with this trailblazing act in 1964 and the individuals who passed it. One thing that has been shown over history is that women will not stop fighting or back down until equality is achieved.

 

Despite all the current challenges that take place over the years and today, the Civil Rights Act of 1964 with Title VII is important for every person. This Act has provided women with the positive changes that have pushed them towards no longer being discriminated against because of their gender. Better yet, it provides legal protection against that discrimination. While the legal standing of discrimination is much more substantive than 50 years ago, discrimination is still existing and women are still being suppressed in the workforce. While this fight is strong, it will probably never fully be won and will exist in some form. What should now be don't to help provide protection of equal rights under the law? By continuing to back Title VII and creating a strong precedent, discrimination will be harder to get away with legally. The Federal Government should also continue to work with state and local governments to enforce and create local laws that protect against infringing on these rights. Continuing to pursue legal rights of women and the discrimination of sex will help fight this issue to every extent possible, and will provide everyone with the opportunities and rights they deserve.

Many questions arise when an employee has issues at work that may be harassment related. Can I sue my boss for being mean? Is it legal for a manager to be a bully? How do I know if I am being harassed at work and what rights do I have? Do I have a sexual harassment claim? Is name calling considered harassment? What if I am afraid to make a complaint against my boss? Should I make a verbal or written complaint about the harassment? Is gossip considered harassment? What kind of lawyer handles harassment in the workplace? What if I feel unsafe at work? When these questions are raised by a frustrated employee seeking answers, an Employment Attorney is a type of lawyer that handles cases where employees need representation in claims against their employer.

 

 

Unwanted touching and cat-calling are not the only ways sexual harassment can be exercised. Spreading rumors is a form of sexual harassment. The spreading of rumors can be by the harasser himself or herself or the rumors can be about the employee and the harasser but spread by other employees. The main issue is that an employee has the right to work in an environment that is free from harassment. If gossip is going around the workplace about the employee that is of a sexual nature, this may be considered as a form of sexual harassment. For example, Clark was a barista at a coffee house. Upon Clark's first day of work, he began enduring sexual advances made towards him by his shift manager Tina. Often Tina would express her feelings for Clark through her body language by making suggestive movements with her hands and mouth. On other occasions, Tina would humiliate Clark in front of his coworkers by making comments such as "see you at home honey" and "I want to have your babies". After witnessing this behavior from Tina, Clark's coworkers began teasing him about his "love Goddess Tina" and would frequently hoot and holler at the two of them when they had shifts together. The gossip in addition to the harassment he was experiencing from Tina interfered with Clark's work and caused him major anxiety. He called the Human Resources Department at the coffee house headquarters and made a formal complaint about his uncomfortable predicament at work. In this scenario, Clark's employer would need to correct the issue by conducting an investigation and take reasonable steps to discontinue the sexual harassment caused by Tina as well as the rumors and teasing caused by his coworkers. If the harassment continued and nothing was done to stop the harassment from continuing, Clark may have a claim against his employer.

 

 

"I'll scratch your back if you scratch mine" is a common saying that just means an exchange of favors, but sometimes certain favors offered in the workplace are considered unlawful.

A sexual quid pro quo offer is a type of harassment. A sexual quid pro quo offer is identified through an offer made by an employer to an employee which entails sexual favors in exchange for employee benefits. For example, an employer may offer an employee better hours if the employee agrees to go on a date with the employer. Here, although this may seem rather tame, this type of behavior is not to be taken lightly because it is a form of sexual harassment especially when it is unwelcome, This form of sexual harassment is not only demonstrated through an offer of employment benefits, it can also be an offer for a sexual favors in exchange for job security. This type of "exchange" may come off as a threat. For example, an employer may tell an employee that they will "let them" keep their job if the employee agrees to have an intimate relationship with the employer. In that scenario, this kind of "offer" may also be considered a form of sexual quid pro quo and therefore may be sexual harassment.

 

In taking into account all of the facts, an Employment Attorney would most likely be able to identify whether or not an employee was a victim of sexual harassment by means of sexual quid pro quo.

 

 

Identifying sexual harassment can be a grey area because it can be somewhat subjective. Feeling uncomfortable can be used as a guide in the first few steps in identifying sexual harassment. Touching, leering, and certain body language in certain situations can be considered as a form of sexual harassment when it is unwelcome. For example, an employee may experience certain unwanted behavior towards them by another coworker such as back massages, hugging, or grabbing. Also, the employee may be subjected to the coworker making inappropriate gestures such as blowing kiss or winking. Even leering may be considered a form of sexual harassment in certain contexts. Acting out certain sexual acts in the presence of an employee may also be considered a form of sexual harassment. Again, the behavior and the context of the behavior are essential in deciding whether to file a claim against an employer.

 

 

In conclusion, note that there are different laws of State law and Federal law that regulate harassment. Keeping this in mind, sifting through what laws pertain to your claim is a job best suited for an Employment Attorney who handles harassment cases. Employees have the right to work in an environment where they feel safe and should not have to worry about feeling like they are being violated via forms of sexual harassment. An Employment Attorney may be able to shed light on a situation that may seem complicated and overwhelming. Call an Employment Attorney that offers free consultations like Stevens & McMillan. Every case has unique facts which is why an Employment Attorney endeavors to specialize in sexual harassment cases. An employee who feels uncomfortable in their workplace should provide the Employment Attorney with as much information as they can in order to obtain quality legal advice.

Employees today may come across certain issues at work that may lead to mistreatment and ultimately loss of their job. But are the situations in which the employee finds himself in legal and do they have rights in filing a claim against their employer thereafter? A Discrimination Lawyer or a Sexual Harassment Lawyer may be helpful in these types of situations, especially when it comes to wrongful termination. Below are some issues in which an employee may come across and should know about.

 

1- You may be discriminated against because you have a disability

 

 

The State of California has laws that govern the way in which employees with disabilities should be treated at work and what rights they are entitled to. The laws are fairly complex, however, and when an employee with a disability is arrested, many legal issues may arise. Disability discrimination is a type of discrimination in the workplace that is prohibited by law and every employer should have an anti-discrimination policy in place at their business. Although there are laws in place, employers do not always comply with them, resulting in such legal issues as wrongful termination and / or disability discrimination.

 

What is required of an employer? An employer has the duty to provide a working environment that is free from hatred and / or discrimination. In addition to ensuring a safe working environment for the employee, the employer also needs to provide reasonable accommodation for those employees who have a disability. Reasonable accommodation includes, but not limited to, adjusting shifts, providing a tailored work schedule, providing customized work equipment such as ramps or well-lit areas, and also placing the employee in a position that is compatible with their capabilities.

 

A Discrimination Lawyer is the type of legal professional that employees should contact if they have been fired because they have a disability or because their employer has failed to provide reasonable accommodation.

 

2- You might lose your job over a sexual harassment issue

 

 

Sexual harassment in the workplace is prohibited by law and employers are required to have a zero tolerance policy on sexual harassment within the workplace. However, if an employee makes a complaint about sexual harassment and they experience an adverse treatment thereafter, there may be a possible wrongful termination case. For example, Susan worked as a receptionist at a dental office. Her supervisor Chris often made inappropriate comments to her about her breasts and buttocks which made her feel very uncomfortable on a professional as well as a personal level. Susan was not interested in pursuing a relationship with Chris but she was afraid to tell him because she was her supervisor. Instead, Susan called a sexual harassmenthotline that was provided to her in her employee handbook. She was told by the Human Resources representative to allow the department to conduct an investigation. A few days after she made the complaint Susan was told by her head manager that the company no longer had a position for her due to budget cuts. Here, although Susan's manager was allowed to leave her for that reason, she may still have a claim against her employer. In looking at the timeline from when Susan complained to her when she was let go, she may have indicated that she was let go because she was being retaliated against. This means Susan was fired because she reported the sexual harassment and as a result she was punished by being let go. This may allow Susan to file a claim against the dental office for retaliation, wrongful termination,

 

This is only an example of a possible wrongful termination of a case due to sexual harassment and retaliation. There are many other ways in which the same claim (s) may arise, but based on totally different facts. That's why a sexual harassment lawyer is the best type of attorney to call to discuss your potential case. If sexual harassment occurs within the workplace, the employee should report it immediately. If a complaint is brought to the employer or the Human Resources Department, all communications, interviews, and statements need to be documented. This shows that the complaint was considered and demonstrates how it was handled by the employer or Human Resources Department. Again, if you are unsure if you have a case,

 

3- You may be fired for taking a leave of absence

 

 

Some employees need time to take a leave of absence. If the employee has been ill, the employee has suffered a significant injury, the employee is called for military service, or perhaps the employee must take the leave for the birth of a child for the placement of an adopted child. Every situation has laws that govern the way in which employers are to give the employee leave. These laws are rather complex and require the assistance of a lawyer. A Discrimination Lawyer or a Sexual Harassment Lawyer may still be able to provide legal advice on leaves. Never decide on your own that you do not have a case. Contact A Discrimination Lawyer or Sexual Harassment Lawyer to discuss whether you have the right to take a leave of absence. You may be entitled to recover for wrongful termination.

 

 

Should an employee find himself or herself in a situation involving sexual harassment, retaliation, disability discrimination and / or wrongful termination, the employee should contact an attorney. A Discrimination Lawyer or a Sexual Harassment Lawyer are the types of legal professionals who handle the wrongful termination cases and can provide useful information on how the employee may be able to recover. Many claim crossover, therefore, it is always a good idea to ask a Discrimination Lawyer or a Sexual Harassment Lawyer if you have multiple claims against your employer. Make sure to contact a law firm that offers a free consultation.