Ultimately, as an employer, it your responsibility to ensure everyone in your organization is given a fair shot of success. However, many individuals have prejudices that cannot be helped, and that is why the federal government has passed numerous laws to ensure that everyone is treated equally. These laws are designed to give people a fair chance of getting hired initially while also offering protections for when certain groups achieve higher positions. Educate yourself and everyone who works for you about the intricacies of these laws so that no one is mistreated and so that you do not have to worry about any potential lawsuits.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was signed into law in 1990 and offers protections for those with mental or physical disabilities. The impairments safeguarded under the Act include blindness, deafness, mobility problems, cerebral palsy, epilepsy, PTSD, schizophrenia, autism and numerous others. It also applies to individuals confined to wheelchairs. Under the ADA, business owners with more than 15 employees are required to provide reasonable accommodations for those with disabilities. You also cannot discriminate against someone with an impairment during the hiring process or even when he or she is your employee.
Age Discrimination in Employment Act
In order to help older workers, the Age Discrimination in Employment Act (ADEA) was brought into law in 1967. It prevents being biased against individuals over the age of 40 throughout the hiring process. People should be hired based on their ability to do the tasks expected of them. Employers cannot deny promotions based on age or offer a lower salary to older workers. The ADEA applies to companies that employ 20 or more individuals.
Family and Medical Leave Act
Enacted in 1993, the Family and Medical Leave Act (FMLA) requires employers to provide workers with an ample amount of family leave time. That correlates to 12 weeks of leave (unpaid) so that they may attend to their own serious health conditions, a serious health condition of a family member or the birth of a child. The FMLA also states that the employee who took time off has to be reinstated to the same job as when he or she left. This law applies to organizations that employ 50 or more people.
Fair Labor Standards Act
Numerous provisions were guaranteed under the Fair Labor Standards Act (FLSA) when it was passed in 1938. It established a national minimum wage that has changed over the years, and you should check with your state’s laws regarding minimum wage to see what the bare minimum is that you can pay employees. This law also created the 40-hour work week along with guaranteed overtime for specific jobs. The FLSA also eliminated child labor. Not every employer will be held to the same standards under this act. Companies with total sales exceeding $500,000 annually and who are involved with foreign or interstate commerce need to abide by the law.
Civil Rights Act
The Civil Rights Act of 1964, and more specifically Title VII under that act, states that employers cannot discriminate against individuals looking for employment on the basis of religion, race, country of origin and gender. Not only does the act protect individuals during the hiring process, but it also states that individuals must be protected while they are working for you and must be treated equally. That means someone doing the same work as someone else should be paid the same regardless of gender or race. It also protects employees from unlawful terminations. A person can only be fired based on the quality of work output and not based on anyone’s personal prejudices.
Breaking any of these laws could result in a severely detrimental lawsuit on your end. Make sure you understand the fine print of each of these laws as well as any additional antidiscrimination laws on the federal or state level. Click to view more Human Resources
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.