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Bosses are leaders, but that doesn't mean they can do anything.
They set the tone for workplace culture and have the crucial role of shaping future leaders within their company. But with this position of power comes the responsibility to act ethically and legally.
While bosses hold significant power within the workplace hierarchy, there are legal limits to their actions and behaviors. From discrimination and harassment to privacy infringements and wage violations, learn what bosses cannot legally do in the workplace—no matter what they claim.
Employment law protects employee rights and prohibits employers and employees from acting above the law.
Knowledge is power in the workplace. Know what your boss can legally do, and how to process if you suspect your boss is attempting to blur the lines of legality at work.
If you’ve ever asked yourself, “Can my boss legally do that?” read on.
5 Things Your Boss Can’t Legally Do
- Your Boss Cannot Ask Illegal Interview Questions
- It's Illegal to Refuse or Neglect Overtime Pay or Minimum Wage
- It's Illegal for Your Boss to Discriminate Against or Harass Workers
- Your Boss Cannot Legally Terminate a Whistleblower
- It's Illegal for a Boss to Fail to Provide Reasonable Accommodations for Those With Disabilities
Many federal employment laws protect employee rights, and in addition to federal laws, there are state and local regulations that employers are required to follow.
It’s important to note that workplace laws may differ based on your physical location, business type, and employment status, so be sure to check your state employment laws for specifics.
Based on Federal law, here are five things your boss can’t legally do.
1. Your Boss Cannot Ask Illegal Interview Questions
A hiring manager may break the law before they even become your boss (*major red flag of a toxic workplace*).
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that make it illegal to discriminate against job applicants because of their race, color, religion, sex, national origin, age, disability, or genetic information.
This includes discrimination against pregnancy, transgender status, and sexual orientation.
Employment law prohibits employers from asking job applicants about these topics and outlaws employers from using information about these topics to impact hiring decisions.
Employees and potential employees are protected from this type of discrimination under the Equal Employment Opportunity (EEO) law, and additionally, there are more specific acts that dig deeper into employee rights, like the Americans with Disabilities Act.
If you're unsure of what an illegal interview question might sound like, here's a list of eight completely illegal interview questions you don't have to answer.
2. It's Illegal to Refuse or Neglect Overtime Pay or Minimum Wage
If you are a covered nonexempt worker, you deserve to receive fair compensation for the amount of time you work. It’s an employee right as a part of your employment agreement. The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay employment standards for employees in the private sector and in federal, state, and local governments.
If you realize you are not being paid appropriately for your time worked, report the issue to your Human Resources department immediately.
3. It's Illegal for Your Boss to Discriminate Against or Harass Workers
The U.S. Equal Employment Opportunity Commission (EEOC), the same employment law that protects employees against discrimination during the interview process, also applies once employed.
Employers are prohibited from discriminating against workers in eight broad categories, known as protected classes: race, color, religion, sex, national origin, age, disability, and genetic information.
Employers cannot use these protected classes in multiple aspects of employment, including hiring, termination, compensation, promotions, benefits, among others.
As defined by the EEOC, harassment is unwelcome conduct based on one of these eight protected classes. According to the EEOC, harassment becomes unlawful where:
- enduring the offensive conduct becomes a condition of continued employment, or
- the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
4. Your Boss Cannot Legally Terminate a Whistleblower
Whistleblowers are protected under the Whistleblower Protection Act. Whistleblowers are people who report on something they reasonably believe to be:
- violation of law, rule, or regulation
- gross mismanagement
- a gross waste of funds
- an abuse of authority
- or a substantial and specific danger to public health or safety.
If you are an employee who informs on one of these behaviors and you subsequently get fired or harassed, your employer could be in serious legal trouble.
The ability to whistleblow is essential to the integrity of company operations and acts as a safeguard to the employer, its employees, and company stakeholders. Punishing a whistleblower for doing what they believe to be right is illegal.
5. It's Illegal for a Boss to Fail to Provide Reasonable Accommodations for Those With Disabilities
Title, I of the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations as they relate to three aspects of employment:
- ensuring equal opportunity in the application process
- enabling a qualified individual with a disability to perform the essential functions of a job
- making it possible for an employee with a disability to enjoy equal benefits and privileges of employment
As businesses begin to invite their employees back to physical offices, they must keep in mind employees with disabilities.
“When an employee’s disability (as defined by federal or state law) prevents a worker from returning, employers have an obligation to engage in an interactive dialogue about whether the employee can perform the essential functions of their job with reasonable accommodation. Sometimes, a reasonable accommodation will include a remote-work component,” according to Domenique Camacho Moran, Labor and Employment Attorney at Farrell Fritz.
What to Do if Your Employer Is Doing Something Illegal
If you believe your boss or employer is violating your employee rights, there are a few steps you can take.
One More Thing: Keep in mind that just because what your boss is doing might not be illegal, that doesn't mean it's necessarily correct, either. If your bad boss is fostering a toxic workplace or even a hostile work environment, it might be worth addressing.
1. Do Your Research
Before you make any accusations, make sure you have legs to stand on. Do your research and do it thoroughly.
What employment law or laws do you believe your employer or boss is breaking? Is what your employer doing actually illegal? What are your employee rights? Do the federal employment laws differ from your state or local employment laws?
Come to the table with an understanding of what you believe the issue is, so it’s clear you have a problem on your hands and you’re not only acting on a small annoyance before moving forward.
2. Gather Your Documentation
Once you have an understanding of the employment law you believe your company may be violating, the next step is to gather all of the facts. You want to have all the information you can to support your claims.
Written or digital documentation is best, so be sure to save all the proof you can. If you don’t have the ability to provide physical evidence, document your account as thoroughly as possible so you can provide your written account of the incident.
3. Report It to the Right Person
If you’ve researched and gathered all your facts, the next step is to report your findings. If you have reason to believe your employer is doing something illegal, it’s best to follow the standard chain of command, discuss the issue with your boss, and report what you know to human resources.
If you’ve stated your case to both your manager and human resources and no action is taken, and you still believe your employer is violating employment law, you can file a complaint with the U.S. Department of Labor.
Understand that if you are willing to elevate your concerns to this level, it’s probably best you seek other employment. Not for fear of losing your job, but because you feel so strongly about the lack of company ethics to report their behavior to the federal government.
