How are immigrants discriminated against at work?

If you have moved to the U.S. for work, or are considering immigrating to the country to pursue a job, you may have an array of uncertainties, stressors and immigrations issues to deal with. In Washington, D.C., and all over the country, there are many opportunities that can help immigrants further their lives. Unfortunately, some of them experience discrimination in the workplace and it is vital for you to recognize and take action if you ever experience discrimination yourself.

According to the U.S. Equal Employment Opportunity Commission, employment immigrants may be discriminated against at work in many different ways. For example, they may be unlawfully discriminated against as a result of their national origin or the fact that they associate with people who are part of a certain national origin group. Employment immigrants may also be treated unfairly because of their citizenship status, the place their ancestors were born, the way they dress or look and their accent.

Discrimination rears its head in diverse ways in work spaces all over the nation. From the loss of a job to the rejection of a perfectly-qualified job applicant, victims of discrimination may have their lives thrown into chaos. If you think that your employer may have broken the law by treating you differently based upon these reasons or other factors (such as your gender), you should evaluate your rights as an employee and make sure that they are held responsible for their actions.

This article was put together for general informational purposes and is not legal advice.

What is parental status discrimination?

Many people are aware of the prevalence and unacceptable nature of discrimination based on an employee’s age, race or religious beliefs. However, in Washington, D.C., and cities all over the U.S., workers are subjected to many other types of discrimination, such as parental status discrimination. If you think that you may have been illegally discriminated against based on your status as a parent, you should assess the details of what took place and go over your options.

According to the U.S. Equal Employment Opportunity Commission, Executive Order 13152 prohibits parental status discrimination. Whle the EEOC does not include parental status discrimination as a covered basis when enforcing discrimination laws, this form of discrimination may constitute disability discrimination or sex discrimination, dependin on the details of what happened. Moreover, if you are a federal worker or are applying for a federal job, you should remember that this form of discrimination is prohibited in the federal workplace by government policy.

If you have children discrimination based on your parental status can be especially troubling. Whether your hours are cut, you are denied a job you are perfectly qualified for or you are fired solely because of your parental status, this discrimination can be financially and emotionally draining. If your employee rights have been trampled on, you need to start reviewing the best path forward and should hold accountable those who have broken laws that were put in place to protect workers from unfair treatment.

Remember, this post is not offered as an alternative to legal advice.

Tip sharing: Is it legal?

Many workers rely on tips to make a living. Wait staff, bartenders, baristas, hair stylists, and cleaning staff are just some examples of employees who rely on tips.

One common practice in industries where tipping is the norm is tip sharing. Tip sharing involves pooling tipped employees’ earnings and dividing them among employees. The tips may be divided among tip-receiving employees and other employees such as dishwashers, bussers, cooks, and others who don’t commonly receive tips themselves.

Most states allow for tip sharing, but there are certain rules and limitations that apply. Here are two important things to remember:

  • Minimum wage requirements: Tip-earning employees are only required to place tips in a pool that exceed minimum wage. Employees are not required to share tips if their total earnings equal less than minimum wage.
  • Employers excluded: Employers cannot take part in tip sharing. Tip sharing is only for employees who receive tips – not those who employ them.

When an employer takes tips from a tip pool, or when a tipped employee is earning less than minimum wage, it may be time to speak to an employment law attorney about what is happening.

Although tip pooling is legal in many states, employers must follow the law. When they don’t, they can be held accountable.

Talk to an attorney today: Call Alan Lescht & Associates, P.C., at 202-463-6036 for answers to your questions about tip sharing – and to learn what to do if your employer is violating the law.