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Outdated employment laws do not prevent discrimination

On behalf of McConnell Law & Mediation P.C. | Jul 9, 2020 | Firm News

Residents and workers in Colorado might want to read a recent article that states that employment laws are outdated. They are part of the reason for the fact that toxic work environments and discrimination have been allowed to thrive within the workplace.

Workplace outrage

According to Fast Company in a period of Black Lives Matter protests, the protests have radiated into the workplace of American corporations, leading to abundant resignations. Such issues as non-disclosure agreements have led to the prevention of those who want to speak up regarding pay disparities, racist agendas, wage gaps and more.

“At-will”

The outrage over police brutality has spilled over into the workplace. Although there are rules against discrimination in hiring, it is difficult to prove when it comes to firing, job assignments, promotions, layoffs or benefits. The laws, made for the benefit of the people, have failed to protect employees. Because employment is at-will, it means that an employer can fire an employee for any reason, as long as that employee is not able to prove that they were fired because of race, religion, or other protected class, which now includes sexual identity.

Non-compete agreements

However, it is very difficult to prove this while at the workplace. Additionally, over 40 percent of the workforce has at some point signed a non-compete agreement. Originally designed to prevent the exposure of trade secrets, this agreement also prevents employees from speaking out and former employees from getting better jobs in their field of experience.

A toxic work environment can be created within both the public and private sectors. Employees might fear retaliation for speaking up; however, they have rights and, in this case, should speak to an attorney versed in employment law. Whether you are working for a large corporation, federal agency or small restaurant, there is protection for speaking up regarding sexual harassment, discrimination and other issues. A toxic work environment is a problem for all; this includes employees, contractors and vendors who are involved in doing their work.

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