What Is Unlawful Termination?
Termination from any job can be frustrating, especially when it happens unjustly. Unlawful termination, also known as wrongful termination or dismissal, occurs when an employee is fired on the basis of discrimination. The U.S. Department of Labor has implemented several laws outlining the forms of unlawful termination in an effort to protect workers who are at risk of being fired based on age, disability, veteran status, ethnicity or for exercising their rights to complain about unsafe conditions.
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Age Discrimination
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Established in 1967, the Age Discrimination Employment Act (ADEA) protects employees and job candidates who are 40 years of age and older from discrimination during their recruitment, promotion, termination and compensation. The act also protects them from discrimination based on the terms, conditions and privileges of their employment. Similarly, the Age Discrimination Act of 1975 protects employees of all ages, ensuring that they receive federal financial assistance after termination. These regulations protect workers from employment law violations based solely on age.
Disability
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The Americans with Disabilities Act (ADA) forbids employers from discriminating against qualified individuals with disabilities. Employers include employment agencies, labor organizations and business owners who employ at least 15 workers. The act also forbids state and municipal governments from discriminating against disabled workers in programs and services.
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Veterans
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The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) protects disabled veterans from discrimination and encourages affirmative action in cases of unlawful termination. Both the ADA and the VEVRAA reinforce the idea that disabled workers possess the same legal rights as non-disabled workers, and that they have the right to challenge cases of unlawful termination when they occur.
Ethnicity
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The U.S. Department of Labor recognizes that termination based on race, skin color, religious affiliation, gender or nationality indicates discrimination and should be illegal. The Civil Rights Act of 1964 protects workers from being fired based on these conditions, while also forbidding the discrimination of employees during the hiring, training, referral, promotional and compensatory stages of the employment process. By recognizing the rights of all employees, these regulations protect workers from unlawful termination.
Whistleblowers
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According to the Occupational Safety and Health Act (OSH Act), workers cannot be fired or punished for filing complaints against their employers, unions or government agencies. Workers have the right to complain about unsafe working conditions, safety hazards and company violations to the U.S. Department of Labor. Employers cannot seek revenge on these employees through termination or punishment of any form since employees are only exercising their rights as citizens and employees. In cases of violation, employees should file their complaints with a federal OSHA representative.
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References
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