The Fair Labor Standards Act (FLSA) protects employees from unfair treatment in the workplace. If you believe that you are being treated unfairly, you may have a right to take action against your employer if you are unable to resolve the concern internally. However, it is important to understand what fair treatment means in employment.
What Are Components Of Fair Treatment?
Fair treatment in the workplace refers to equality and fairness as it relates to financial compensation, benefits, disability accommodations, vacation time and paid leave. It is important for you as the employee to understand what is considered fair treatment to determine if you are being treated unfairly.
Equal Pay For Equal Skill And Work
Employees should be compensated based on their skills and the work that they do. Unfair pay, especially if it is related to discrimination based on the person’s gender, race, age, religion, etc. is not legal and the employee may have the right to take action.
Fair Compensation And Benefits
Benefits should be provided equally to all full-time employees. No employee who meets the requirements for certain benefits can be excluded from the program. There are actions you can take if you feel you are not receiving adequate benefits and compensation that you are entitled to.
Accommodations For Employees With Disabilities
Fair treatment at work should also include accommodating and not discriminating against employees with disabilities and/or impairments. This also extends to seniors in the workplace that may require special accommodations to traverse the office or perform their duties.
Reasonable Vacation And Leave
If you are promised a certain amount of paid time off (PTO) that you are not awarded, then you may take action due to unfair treatment in the workplace. This applies to approved vacations, family leave, military leave and other types of absences.
Which Groups Are Commonly Affected By Unfair Treatment?
It is important to understand that anyone can be subject to unfair treatment in the workplace. There is no true group or individual that unfair treatment applies directly to — however, there are specific groups that are more commonly treated unfairly than others. Here are some of the primary groups that are impacted more frequently by unfair treatment:
Introverts And Shy-Natured Employees
Workplace culture has evolved to place heavy emphasis on open collaboration and high social expectations. While this serves as a benefit to many individuals, those who are introverted have experienced a significant struggle. We provide guidance to introverts to assist them with requesting proper accommodations from their employers.
Members Of The LGBTQ Community
Despite court rulings and mandated protections for members of LGBTQ in the workplace, there are still forms of unfair treatment that exist. Such forms of discrimination include unfair employee benefits, bathroom policy and FMLA denial. At HR Search & Rescue, we work with employees associated with the LGBTQ community to ensure they are being treated fairly.
Former Inmates And Convicts
While many former inmates often struggle to find a new home at an organization, it is important for employers to understand there are many benefits to hiring ex-convicts. HR Search & Rescue works with individuals who fall under this category by offering guidance and ensuring criminal history does not impact an employer’s hiring decision.
Veterans And Active Military
Many protections are set in place for active and retired military members, but oftentimes, they are still not given the accommodations they need. While many employers provide accommodations for veterans with physical disabilities, many veterans do not have access to mental health accommodations they may need for conditions such as PTSD, depression, anxiety and other mental illnesses that may have developed during or after their service time.
What Should I Do If I Am Not Receiving Fair Treatment At Work?
Many disputes related to fair treatment in the workplace can be resolved internally without lawyers, although consulting with an HR professional is certainly encouraged. You can resolve issues of unfair treatment while avoiding the legal process with the following procedure.
Document How You Are Being Treated Daily
If you are subject to unfair or illegal treatment by your employee or coworker(s), then document how you are treated. This may include collecting emails, memos, text messages and other proof of unfair treatment that you can use to strengthen your case.
Inform A Trusted Family Member Or Friend
If you do not feel comfortable discussing the situation with a coworker, manager or executive, then you can confide in a family member or friend that may be able to offer sound advice. This is a good first step, although you may need professional advice from a third-party HR consultant for more complex situations.
Avoid Discussing It Over The Internet
When in a fair treatment dispute, the opposition may look for anything to help their case, including your discussions about the situation (and other work-related situations) with others through email and on your social media accounts. It is best to stay away from social media until the issue is resolved.
Report The Treatment To An HR Professional
It is illegal for your employer to fire you for retaliating or reporting unfair treatment in the workplace. An independent HR consultant will guide you through the process, ensuring you remain protected and understand how to resolve the situation calmly.
How Can HR Search & Rescue Help?
No individual wants to be treated unfairly by their employer. However, if you come across a situation where you or a coworker is not receiving fair treatment in the workplace, HR Search & Rescue can help. When you schedule a 1-on-1 meeting with us, we will discuss several options and resources available to you that will help you navigate your issue. Our team will discuss possible resolution strategies for you and your employer, and if all else fails, will develop an exit strategy and connect you with several hiring managers to get your foot through the door of a new organization.
Schedule a 1-on-1 with a remote HR consultant today!
If you are unsure whether you are being treated unfairly by your employer, it is crucial to speak with someone who can help you navigate your unique situation. We encourage you to give one of our friendly HR consultants a call to discuss the options you have available to you. Contact HR Search & Rescue at (844) 934-3293 or schedule a 1-on-1 meeting today.