Labor and Employment

Whether you are an employer or an employee, you need to have a basic concept of how the employment laws (both federal and state) affect you. An employer has to abide by certain rules and regulations, as does the employee.

An employee discriminated against on grounds of disability may take an employer to court. You may end up paying a huge compensation if the labor attorney proves the claim. In addition, there is the risk of negative publicity.

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Some of the categories under which the cases could be classified are as follows:

• Discrimination on the basis of race, color, gender and religion
• Wrongful termination
• Retaliation
• Family Medical Leave Act
• Whistleblowing
• Sexual harassment
• Breach of contract

The Americans with Disabilities Act provides a guideline about what is legal while conducting a job interview. If you are an employer, you need to be careful about what you could ask without running the risk of doing something illegal. Moreover, if you were the prospective employee, you would know when the interviewer crossed the line.

• Will you be able to perform a specific task? (Right)
• Do you suffer from any disability? (Wrong)

The first question is about the capability of the individual while the second implies that the employer is attempting to evaluate the potential of the individual on his/her physical or mental disability. This is illegal as per the directives of the law. Need an Employment Lawyer?

• Test of how he/she performs a task (Right)
• Medical exam (Wrong)

The employer can ask the individual to perform a small part of what his/her job would be as a test. However, it would be illegal if you ask him/her to undergo a medical checkup before you make any job offer.

• Are you at ease with the attendance requirements? (Right)
• How many days were you on leave in your last job? (Wrong)

The former question is about whether the individual is capable of leave management. The latter is a direct hint at the disability and its consequences, and thus not considered legal.

• Are you using illegal drugs now? Have you ever used them in the past? Is there a drunk driving charge against your name? (Right)
• Have you ever had a drinking problem? Or a drug addiction? Did you ever go to rehab? (Wrong)

Past addictions are within the domain of ADA coverage. That is why the employer needs to frame the question properly. The aim is to find out whether the prospective employee has a clean record or not. Need an Employment Lawyer?

• How was your previous job experience? (Right)
• Have you ever been a victim of a workplace injury? (Wrong)

Discussing about the previous job experience is all right but you cannot ask questions that indicate any disability that may have been a result of the workplace injury.

A competent labor attorney of New Jersey would be capable of providing you the right way to ask what you want to know about your future employee. Consult a legal professional before you start interviewing people.

If you have faced unsavory questions at an interview, talk to a labor attorney New Jersey to understand about the laws applicable. He/she is the right guide to let you know how much legal the questions were and whether you need to take any steps to check it.