LEGALLY SPEAKING

Websites offer employment applicants answers to important questions

Article prepared by Jane L. Dynes, Attorney

Anyone working, or anyone who has looked for work, has run into situations that raise employment questions. There are many laws, regulations and rules that apply to our work lives. Some situations may require the assistance of an attorney. Many times, however, initial questions can be resolved by doing some individual research. There are readily available resources with helpful employment-related information. This article focuses on two websites which applicants and employees may find useful.

The North Dakota Department of Labor and Human Rights’ website (nd.gov/labor) provides general information in distinct topic areas including wage and hour, human rights and youth employment, among others. It also links to North Dakota’s Job Service website which includes labor market information and assistance in job seeking and training. In addition, it contains links to other state and federal resources in many topic areas. With summer approaching, young teens will be looking for work, many for the first time. By visiting the North Dakota Department of Labor website, parents and teens can learn about the youth employment laws. For example, in North Dakota the minimum age for employment in most circumstances is 14. There are limits on the work hours of young teens and prohibitions on certain types of work. In addition, federal child labor laws prohibit certain types of employment for anyone less than 18 years of age. The North Dakota Department of Labor website also provides information about workplace sexual harassment concerns, human rights protections and equal employment issues.

The United States Equal Employment Opportunity Commission’s website (eeoc. gov) is especially helpful when possible discrimination is the concern. The website offers information on types of discrimination such as age, disability, religion and others. The Americans with Disabilities Act (ADA) is one of several federal laws enacted to protect applicants and employees from workplace discrimination. Under the ADA, if the applicant or employee is qualified to perform the essential functions of a job with or without reasonable accommodation, protection may be available. Generally, under the ADA, an employer cannot refuse to hire because a disability prevents the prospective employee from performing non-essential job duties. The EEOC website describes types of possible ADA accommodations. Importantly, the ADA applies to those who are in the job application and interview process. The EEOC website offers information on how to address pre-interview accommodation requests with a prospective employer. While employers need not agree to a specific accommodation request, the accommodation provided must meet the requestor’s needs. The EEOC website also provides information about which antidiscrimination laws are applicable to certain employers. The website provides background data and an explanation of its discrimination claim process.

It is always a good idea to be informed. When it comes to general employment concerns, the websites of the North Dakota Department of Labor and Human Rights and the United States Equal Employment Opportunity Commission are two quality information sources.

For more information call (701) 232-8957, email at jdynes@serklandlaw.com or visit serklandlaw.com.