Summer's here, and that means young people across the country are joining the work force in droves. In 2004, the US Department of Labor reported that from April to July, the number of employed young people (16-24) jumped by a substantial 2.3 million to 21.4 million. Here's what you need to know this summer on the job.
YOUR RIGHTS
Whether working full-time or interviewing for a summer job, everybody has the right to pursue employment without facing workplace discrimination. Job discrimination simply means being treated differently or unfairly for something unrelated to one's performance at work. Under federal law, you are protected from discrimination and harassment based on race, color, religion, sex, pregnancy status, national origin, disability, or age (age 40 and over). State and local laws may also protect you from other types of workplace discrimination. Workplace stereotypes are more common than you might think and if someone will not hire a qualified male to be a receptionist, fires a competent saleswoman in a wheelchair or sexually harasses a waitress, it may be a case of workplace discrimination and it is illegal.
You don't need to be a long-time employee to be covered by the law. Workplace discrimination can occur at any stage in the employment process. It is illegal for employers to discriminate in the processes of recruiting, interviewing, hiring, setting pay scales, promoting employees, and firing workers. This is true for part-time, full-time, summer, or temporary jobs. If you have reason to believe that you have been unfairly denied a job, you can even file a complaint against a potential employer. Individuals who complain about job discrimination are legally protected from retaliation.
You have a right to request reasonable changes to your job duties or workplace because of your religious beliefs or certain medical conditions. For example, you might have to request a day off for religious holidays, or ask for a break to take some necessary medication. When these situations arise, employers have a responsibility to consider your request and whether it would be possible to accommodate your needs. If you share medical information with your employer privately, it is not allowed to release the information publicly and it should be kept confidential.
FILING A COMPLAINT
Complaints about on-the-job discrimination are handled by the United States Equal Employment Opportunity Commission (EEOC), a federal agency that enforces the federal laws against job discrimination, harassment and retaliation. If you are worried about other types of discrimination (like discrimination based on your sexual orientation, gender identity and expression, or veteran's status), other laws might protect you. The EEOC also has a Youth at Work initiative that offers youth-specific job discrimination information.
If you decide to file a complaint with the EEOC, you will want to have some information handy: the name, address, and phone number of the person who is being treated unfairly, the name, address, and phone number of the employer, a brief description of the treatment you noticed, and the date it occurred. You can file for free by mail or at the nearest EEOC office, which can be located by calling 1-800-669-4000. Under federal law, you may have as few as 180 days after the incident occurred to file a complaint, so if you decide to file a complaint for yourself or another person, make sure that you act within the allowed time period. It is not always easy to take a stand against discrimination on the job, but it is sometimes necessary to make the workplace a safer, more comfortable place for you and your coworkers year round.
At a Glance: Five Things You Need to Know About Job Discrimination
Key facts you need to know to make sure discrimination is not part of your summer job:
- Discrimination due to race, religion, sex, pregnancy status, national origin, age (40 and over), or disability is illegal. You can fight it.
- Discrimination laws don't just apply to full-time workers. Part-time, seasonal (including summer), temporary employees and even job applicants have the right to work and apply for a job without being discriminated against.
- It is completely legal to request a workplace change because of religious beliefs or a medical condition.
- As an employee, it's your responsibility to report any unfair treatment, harassment, or retaliation you experience on the job.
- If you think you have been discriminated against, you may have as little as 180 days to file a complaint.
Fight For Your Right to Earn a Buck-- Know Your On-the-Job Rights
The EEOC enforces employees' rights. At work this summer you have the right to:
- Work without being harassed or discriminated against because of your race, color, religion, sex, pregnancy, national origin, disability, or age (40 or over).
- Complain about any illegal job discrimination without being punished or treated differently.
- Request workplace changes for religious or medical reasons.
- Have your medical info kept private.
When and How to File a Complaint
If you're being treated unfairly on the job because of your race, color, religion, sex (including pregnancy), national origin, age (40 and over), or disability, you can file a complaint. You can also file if you're being treated unfairly or harassed because you complained about job discrimination.
If you think you have been discriminated against, you can file a formal complaint with the EEOC, who will investigate and take action as necessary to end any illegal discrimination. Filing a complaint with the EEOC is free. You can do it by mail or in person at your local EEOC office. Call (800) 669-4000 for more information or visit www.eeoc.gov.
Too Young For Rights? The Deal with Ageism
According to the Age Discrimination in Employment Act of 1967, a worker is only protected from unfair treatment based on their age if he or she is at least 40 years old. If you are under 40, you are not protected by the EEOC from age discrimination in the workplace. This means that young people can be paid less than senior workers, teenagers can be given specific tasks on the job, and coworkers can legally joke about your budding youth. You may be able to file a civil complaint if the harassment is so severe that it prevents you from doing your job, but getting picked on for being in the prime of your life is technically legal under federal law.
State and local statutes occasionally go above and beyond basic federal protections, so you may be more or less protected from ageism depending on where you live. Regardless, it is important that you do your job professionally and remember that age does not automatically determine how qualified a person is to get the job done right. If you treat other employees like equals, you can expect that they will return the favor.
Learn more about age discrimination.
Excerpts Taken From the U.S. EEOC's Youth at Work Venture website, created in part by Jaime Chao, Molly Claflin, Gregory Hughes, Shuan Lue, and Lisa Schnall.