National origin discrimination is a problem in some work environments. Some individuals may be singled out and treated less favorably than others based on their presumed national origin, accent or apparent ethnicity.
West Virginia (WV) is an at-will state for employment, much like many others in the United States. Employers who uphold this doctrine can generally sever the employment relationship that they share with a worker for any non-discriminatory reason and at any point in time. Employers may be unable to terminate a worker if their employees are subject to a contract or local or state laws prohibit their dismissal.
Employers commonly misclassify employees. If you're a worker here in West Virginia, then you may wonder why companies do this and why it matters to you. There are many reasons that employers do this, and they're often intentional. They do so to keep their operating costs low. They hope that they won't get caught red-handed doing it.
The Family and Medical Leave Act (FMLA) is a piece of federal legislation that has two primary aims. It ensures that qualified workers who need to take time off to tend to either their's or an immediate family member's illness can take up to 12 weeks of unpaid leave to do so. It also allows that worker to take that off that time from work without them having to fear losing their job for doing so. Workers and their workplaces must meet certain criteria to be covered by FMLA.
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, religion, creed, ethnicity, sexual orientation, gender, national origin or disability in the workplace and other areas. Victims of domestic violence, stalking or sexual assault may be overlooked when it comes to being protected under Title VII though.
Most every worker in the United States is entitled to protections in the workplace under Title VII of the Civil Rights Act of 1964. One right employees are entitled to are accommodations for their religious practices or beliefs. The way religion is defined and what's considered as reasonable religious accommodations may surprise you.
If your boss isn't very good at handling rejection and he lashes out on you verbally every time something goes wrong then you may think that your work in a toxic workplace. You may even wonder if your workplace would meet the legal definition of a hostile work environment. It might.
If you ever stop to read the Equal Employment Opportunity Commission (EEOC) and other disclosures at the bottom of a job vacancy, application or another employment document, you'll likely notice that it mentions different grounds on which employers are prohibited from discriminating against prospective or existing employees. National origin is one category listed. Discrimination on these grounds can take on many different forms.
Most every state in this country has a law on the book that protects whistleblowers who come forward and report some type of impropriety. West Virginia is no different in this aspect.
West Virginia is an at-will employment state. This is generally taken to mean that most employers aren't under any contractual obligation to their workers. Most companies think that this gives them the ability to let their employees go anytime without providing any valid reason for doing so. Employers are limited in their ability to terminate an employee in certain instances by state and federal laws though.