Union, New Jersey, Legal Blog

The newly-appointed director of the national forest service has promised to focus on reducing workplace sexual harassment and other issues at the agency. The director said that she would make changes to existing programs and put new systems in place to promote the safety and comfort of employees. New Jersey workers might gain from an understanding of the claims and facts alleged in the case.

The Associated Press has reported that the U.S. Forest Service has had problems with workplace sexual harassment in the past. Female employees brought a class action lawsuit against the agency in the 1970s, alleging discrimination regarding promotions and employment opportunities. An oversight panel called a hearing in December 2016 to address claims by employees of bullying, harassment and systemic discrimination. Following a report by the USDA Office of the Inspector General, the Forest Service said in March 2018 that it would take steps to better address employee complaints.

Many workers act as independent contractors in New Jersey and across the country. This rise of the "gig economy" has led people to teach classes online, drive ridesharing cars and take up pet-sitting jobs. In fact, nearly one out of every seven jobs taken by Americans involves these types of contingent employment situations. However, these independent contractors may lack significant protections against workplace discrimination on the basis of race, age, gender or disability.

Despite the fact that millions of people work for temp agencies, as freelancers and through independent contracting, the laws against employment discrimination apply only to regular employees. According to a survey by the Bureau of Labor Statistics, 14 percent of American workers said that they take some kinds of temporary assignments. This amounts to 21 million people across the country. At least half of those are classified as contractors and lose access to the protections that underlie anti-discrimination laws. However, some say that these figures could undercount the level of "gig-based" or contingent workers. One study claimed that 29 percent of Americans had some level of involvement with these positions.

On Sept. 21, the Equal Employment Opportunity Commission filed a complaint alleging that Walmart has discriminated against pregnant employees for years at one warehouse location. As Walmart is the largest private employer in the country, readers in New Jersey might be interested in the details of the lawsuit. According to the complaint, the giant retailer failed to make accommodations for medical limitations related to pregnancy.

Modifications of jobs were given to employees who were not pregnant but had disabilities. Walmart also allegedly denied requests by pregnant women for unpaid time off. The warehouse in question is in Wisconsin. The EEOC claims that an employee there requested transfer to a less demanding job or light duty after she became pregnant in 2015, and that her request was denied. The company also refused later requests made by the employee for additional breaks, shorter work days and a chair.

Discovering that your employer is engaging in an illegal or unsafe practice can be frightening. You may worry about the repercussions of coming forward. However, you understand that it is your duty as an employee and also as a citizen to speak out when someone is knowingly endangering others or discriminating against them.

Thankfully, most large employers have policies in place that allow for staff to report issues with safety, discrimination or harassment. The policies may require you to file a report, either with human resources or possibly with your manager.