Discrimination in the workplace has been a problem in the past, and for that reason the United States government put into action many anti-discrimination laws. While these laws may not eradicate discrimination completely, they do protect the rights of employees. As an employer, here are some common questions you should know the answer to:
1. Do anti-discrimination laws apply to small businesses?
If you have as few as three employees, most anti-discrimination legislation won’t apply to your enterprise. However, the Equal Pay Act still obligates you to eliminate any gender disparity in job compensation. Additionally, if you have fewer than 15 hired workers, some laws will apply to you while other won’t. Notably, the Civil Rights Act will still apply to your enterprise.
2. How do you handle discrimination complaints?
Even if it just sounds like off-handed water cooler gossip, you should give due attention to every complaint of discrimination. The complaint might be unfounded, but in order to safeguard against a lawsuit, you should complete a thorough investigation. Be prepared to quickly remedy any issues you find.
3. What is the definition of sexual harassment?
Simply put, sexual harassment involves any unwelcome or inappropriate sexual conduct or advances in the work place. These instances can create offensive, intimidating, hostile and unbalanced work environments. Ask yourself, is it reasonable to ask any one of your professionals to endure this conduct? If not, the behavior likely falls under sexual harassment.
4. Is there such a thing as age discrimination?
Age discrimination is real, and it happens when any employer decides to hire or promote based on age or age-based stereotypes. For example, imagine you are trying to fill your social media manager position. You may think a younger professional will naturally do better in the job, but narrowing your candidate pool based on age would be age discrimination.
5. Is discrimination based on sexual orientation illegal?
Under federal discrimination law, sexual orientation is not a protected characteristic. Whether discrimination based on sexual orientation is legal will depend on your state of operation. Currently, 15 states protect against sexual orientation-based discrimination.
6. Can you implement an English-only policy?
The legality of an English-only policy depends on the reasons you’ve implemented it. If your business legitimately depends on communication in English, you may be allowed an English-only policy. However, if your intention is to remove other languages from breakrooms and colloquial conversations, your policy likely goes against anti-discrimination laws.
7. Do you have to give time off for religious holidays?
If it is reasonable to give that employee time off, you must allow them appropriate time off. For example, if you can simply swap shifts or not schedule your employee on his or her requested day, you must do so. If for some reason allowing time off for religious observances is unreasonable, you may deny their request.
8. Do you have to accommodate disabled employees?
As with religious holidays, you are required to make reasonable accommodations for your employees. You must work with employees to provide for their needs and increase accessibility. If the accommodations would cause undue stress on production quality or business resources, you might not be required to provide accommodations.
9. Can you reprimand or fire workers who raise discrimination complaints?
No, you may not in any way retaliate against claims of discriminations, even if you find they are unsubstantiated. Retaliation may also be considered to be refusing promotions to qualified persons and similar actions. If you fire or reprimand an employee, you may be subject to a lawsuit.
As you build your business and craft policies, be sure to account for anti-discrimination laws and protect yourself and your employees from the pitfalls of discrimination. If you stay updated, you’ll be sure to foster a welcoming work environment for all your employees.
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