What doI do about my employer’s breaking certain laws?

I work for a home health care agency. I’m a CNA on weekends and started working as admin assistant in the office during the week. I’ve been in the office for a few months. We have a client that is a registered sex offender. My boss, the administrator, has instructed me to not tell other caregivers of this information. Even though these girls have to go to work in this person’s home. This person is also convicted of several felonies. But she does instruct me (basically order) to tell the caregivers if a family is black and if that’s ”OK”. She has also not given work to certain caregivers because ”their accent is too strong”. This seems so wrong to me that I have to tell a caregiver that a family is black but can’t tell them of a registered sex offender. Does it sound like a case that should be pursued or ignored?

Asked on September 9, 2010 under Employment Labor Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have very valid concerns here and you are right to want to voice them to someone.  You should start by contacting the Department of Labor and discussing with them the issues that you have raised.  If your employer is violating the law then you are protected from retaliation under the "whistle blowers" statute.  This is a statute that allows employees to file complaints about their workplace without the fear of being fired, etc.  The employer - and you - could get in to a heap of trouble if something happens to one of the caregivers in the house of the sex offender.  Putting employees at risk is not something you want to play around with.  The party has a right to services as well, remember, but these rights need to be balanced and information helps to even out the playing field.  Good luck.


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