Wednesday, November 19, 2014

Your Right to Free Speech on Access TV

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PLANNING A NEW TV SHOW ON
WHISTLEBLOWERS AND RETALIATION

HERE'S SOME RESEARCH: 



Whistleblower Protection Policies
When Congress enacted the Sarbanes-Oxley Act, following  the scandalous behavior of corporate America, it included two provisions that also apply to nonprofits. Federal law prohibits all corporations,  including nonprofits, from retaliating against employees who “blow the  whistle” on their employer’s accounting practices. Additionally, over 45 different states have enacted laws to protect whistleblowers from  retaliation at the workplace. Consequently, having a good internal  process for addressing complaints including a whistleblower
protection/anti-retaliation policy can help your organization protect  itself from the risk of violating state and federal laws that afford
protections to whistleblowers, and can help ensure that if there is a problem it will be investigated and fixed. 


 http://www.councilofnonprofits.org/resources/resources-topic/boards-governance/whistleblower-protection-policies

Whistleblower Protection Policies

When Congress enacted the Sarbanes-Oxley Act, following the scandalous behavior of corporate America, it included two provisions that also apply to nonprofits. Federal law prohibits all corporations, including nonprofits, from retaliating against employees who “blow the whistle” on their employer’s accounting practices. Additionally, over 45 different states have enacted laws to protect whistleblowers from retaliation at the workplace. Consequently, having a good internal process for addressing complaints including a whistleblower protection/anti-retaliation policy can help your organization protect itself from the risk of violating state and federal laws that afford protections to whistleblowers, and can help ensure that if there is a problem it will be investigated and fixed.
Even organizations that do not have paid staff should also put a whistleblower protection policy in place to encourage people to bring their concerns forward without fear of retaliation. Organizations that encourage complaints by having an “open door” policy and have a standard of “no retaliation” for raising concerns are considered more transparent. These organizations will be in a better position to address all concerns, whether they are about fraudulent accounting practices, unsafe conditions, or alleged discrimination.
- See more at: http://www.councilofnonprofits.org/resources/resources-topic/boards-governance/whistleblower-protection-policies#sthash.qxizraPh.dpuf

Whistleblower Protection Policies

When Congress enacted the Sarbanes-Oxley Act, following the scandalous behavior of corporate America, it included two provisions that also apply to nonprofits. Federal law prohibits all corporations, including nonprofits, from retaliating against employees who “blow the whistle” on their employer’s accounting practices. Additionally, over 45 different states have enacted laws to protect whistleblowers from retaliation at the workplace. Consequently, having a good internal process for addressing complaints including a whistleblower protection/anti-retaliation policy can help your organization protect itself from the risk of violating state and federal laws that afford protections to whistleblowers, and can help ensure that if there is a problem it will be investigated and fixed.
Even organizations that do not have paid staff should also put a whistleblower protection policy in place to encourage people to bring their concerns forward without fear of retaliation. Organizations that encourage complaints by having an “open door” policy and have a standard of “no retaliation” for raising concerns are considered more transparent. These organizations will be in a better position to address all concerns, whether they are about fraudulent accounting practices, unsafe conditions, or alleged discrimination.
- See more at: http://www.councilofnonprofits.org/resources/resources-topic/boards-governance/whistleblower-protection-policies#sthash.qxizraPh.dpuf



  1. General Laws: CHAPTER 270, Section 22

    https://malegislature.gov/laws/.../section22
    Massachusetts General Court
    A person who is a contract employee, temporary employee, or independent .... of this section shall not discriminate or retaliate in any manner against a person ...

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section22
_________________________________

Protection from Discrimination and Retaliation Provided by Civil Rights Act Extends Beyond Employees to Independent Contractors

By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, New Jersey

In Brown v. J. Kaz Inc., d/b/a Craftmatic of Pittsburgh, — F.3d —, 2009 WL 2903348 (C.A. 3 (Pa.) 2009), Plaintiff Kimberly Brown brought an action against Defendant Craftmatic, charging violations of Section 1981, Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act, alleging discrimination based upon her race, including claims of disparate treatment, hostile work environment and relation.

 The United States District Court for the Western District of Pennsylvania dismissed all claims, finding that Plaintiff was an independent contractor at the time of the alleged discrimination and retaliation, and was therefore not protected by those Acts. The Third Circuit, in this case of first impression, ruled that Plaintiff could bring a claim for discrimination under Section 1981 of the Civil Rights Act, finding that the protections there under extend beyond employees to independent contractors.


http://www.primerus.com/business-law-news/protection-from-discrimination-and-retaliation-provided-by-civil-rights-act-extends-beyond-employees-to-independent-contractors.htm


An Employee Invokes The Rights Provided Under The FMLA, Not At The Time That The Leave Begins, But At The Time Leave Is Requested, Thus Entitling An Employee To Bring A Claim For Retaliation And/Or Interference If Terminated Prior to Commencement Of The Actual FMLA Leave.

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  1. Washington Court of Appeals Holds Independent ...

    www.stoelrivesworldofemployment.com › StatesWashington
    Aug 12, 2014 - Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against Discrimination.

    Employee's Private Right to Sue - Mass.Gov

    www.mass.gov/...construction/.../private-right-to-sue.html
    Massachusetts
    Anti-Retaliation Law ( M.G.L. c. ... 148A); Independent Contractor Law ( M.G.L. c. ... [For violations of M.G.L. chapter 149, sections 27, 27F, 27G, 27H, 33E, 52D, ...

    Massachusetts Commission Against ... - Mass.Gov

    www.mass.gov/mcad/forEmployers.html
    Massachusetts
    The term "employee" does not include independent contractors. ... Fair Employment Practices Law: The term "Fair Employment Practices Law" refers to M.G.L. c. ... age, criminal record, handicap (disability), mental illness, retaliation, sexual ...


    Unfair Employment Practices | Litigation Trial Lawyer

    www.litigationtriallawyer.com/unfair-employment-practices.html
    Such acts violate, for example M.G.L c. ... An employer may not retaliate against a worker based upon the defendants concern that they were ... Being misclassified by your employer as an independent contractor as opposed to an employee; ...
     
     


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