Federal Employment Discrimination: What Small Businesses Must Know

Job applicants and employees are protected by federal employment discrimination laws to ensure they are not being treated unfairly in the workplace based on factors that should have no bearing on how they do their job. Before hiring employees to work at your small business, it is important to have a solid understanding of the employment laws you must follow. Failure to comply with these laws could result in lengthy and expensive court proceedings.

Different Types of Employment Discrimination and Harassment

Employees should be treated equally and fairly, but there are still different types of discrimination and harassment that exist.

FAQs About Preventing Discrimination in the Workplace

Discrimination in the workplace can create a hostile environment that is ripe for legal action. Prevent discrimination by establishing strong policies and a culture of diversity.

EEOC Cause of Action Chronology: What Employers Should Expect

Has one of your employees filed a discrimination claim against you, a coworker or your company? Here’s what is likely to happen during the EEOC investigation.

A Breakdown of Title VII: How Civil Rights Laws Apply to Your Business

An employer’s guide to Title VII of the Civil Rights Act of 1964. Learn to avoid discriminatory practices and what to do if an employee files a complaint.

Examining the Problem of Reverse Discrimination

The concept of reverse discrimination is inextricably linked to affirmative action. Those who cite it must still make a case to prove it as required by law.

Want To Know More About Anti-Discrimination Law? Check out This Helpful Info

Are you aware of all the federal laws prohibiting job discrimination? Take a look at these legal protections to help you facilitate great business practices.

Frequently Asked Questions About Employment and Anti-Discrimination Laws

Businesses should be aware of the categories and implications of anti-discrimination laws, including those related to sexual orientation and sexual harassment.

10 Important Employment Discrimination Questions

No employer wants to end up embroiled in a discrimination lawsuit. A solid knowledge of discrimination law is vital in every workplace. These questions can explain the issues.

An Overview of Basic Employee Rights

All employees have a range of basic rights, and depending on the size of your business you may be obligated to follow certain legal regulations.

When Employers Discriminate Without Meaning To

In addition to outright discrimination, some company practices can have a discriminatory effect on a specific group, even if they were not so intended.

Basics of Avoiding Discriminatory Practices

Employers should learn the basics of employment law and consult professionals in order to avoid committing illegal discrimination.

FAQ Discrimination: What Employers Need to Know

Anti-discrimination laws protect the rights of workers. As an employer, it’s important to stay updated with these laws to protect yourself and your business.

Multinational Employers and Their Employees’ Rights

As a multinational employer, you need to inform your employees of their rights and responsibilities, and you can do so by understanding them yourself first.

Help Your Employees Deal With Discrimination in the Workplace

Helping your employees know how to avoid discrimination and deal with it when it happens in the workplace is your responsibility as a business owner or manager.

What Is the Civil Rights Act of 1991?

As an employer, you should understand what the Civil Rights Act of 1991 entails so that you know what to expect if a worker sues you for discrimination.

Learning About Genetic Discrimination

Genetic discrimination refers to being biased toward someone carrying a specific gene mutation. Understand the law so you can avoid any potential lawsuits.

What Small Businesses Need to Know About Federal Employment Discrimination

Federal employment discrimination can be costly and detrimental to your business. Make use of this handy article to keep from running afoul of the law.

Equal Pay for Equal Work

Many individuals across the country get paid less for doing the same work as coworkers. Look at every position objectively to reach fair salaries for all.

Introduction to Antidiscrimination Laws

Numerous federal laws have been passed to protect employees. Keep reading to learn about the Americans with Disabilities Act, Civil Rights Act and more.

Can Your Hiring Practices Land You a Discrimination Suit?

The bona fide occupational qualification is a narrow exception to laws prohibiting discrimination on the basis of race, gender, religion and other categories.

A Quick Overview

It is against federal law to determine who you hire or fire based on their age, unless you fail to hire someone because they aren’t legally old enough to work. In addition, as a business owner, you cannot base your decisions on a person’s disabilities, race or ethnicity, or gender. While these are the most common factors, it is also important to understand the Equal Pay Act of 1963, the Federal and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act.

The Equal Pay Act of 1963 bans employers from paying one gender less than the other for the same job because it is considered a form of sexual discrimination. FMLA requires covered employers to provide employees with up to 12 weeks of unpaid leave in a 12-month period to take care of family obligations without fear of losing their job. Family obligations include the birth, adoption or foster of a child, caring for a sick spouse, parent or child, serious health conditions the employee suffers from, or qualifying situations that arise due to an immediate family member being active-duty military. Finally, the Pregnancy Discrimination Act, an amendment to the Civil Rights Act of 1964, states that employers cannot fire a woman because she is pregnant, has given birth or is dealing with related medical conditions.

It is important to note that businesses must follow any state laws regarding discrimination as well. For example, while the federal government does not currently have a law to protect lesbian, gay, bisexual, transgender or similar individuals, many states have their own laws in place for these situations.

Questions to Avoid During the Hiring Process

To ensure you are not violating any federal employment discrimination laws, you must understand what you can and cannot ask or do during the process of hiring new employees. For example, applicants have the right to privacy when it comes to their relationships, children, drug and alcohol use and country of origin, so it might be illegal to ask these questions. You are still allowed to ensure your employees are clean and sober while doing their jobs, but you cannot ask them whether they spend their free time using substances.

Background Checks

Background checks are another tricky area. Just because you can do one doesn’t mean you can use all of the information you find to make your decision. In most cases, the information you are allowed to use will vary by state, so be sure to check with state laws. For example, you can check out an applicant’s driving record if they will be driving company vehicles, but you can’t use the information if they are applying for an office job. Only some states allow access to criminal records and credit history. Education records are allowable with consent of the applicant, but military records are protected under the Federal Privacy Act. While bankruptcy and workers’ compensation records are public, you cannot use them to make your decision in many cases. Medical records are confidential unless the job requires your employee to be in a specific state of health.

When in doubt about your situation, always speak with your lawyer. Often employers end up defendants in discrimination lawsuits simply because they were unaware they were breaking the law. Having an understanding of how these laws impact your business will keep you and your employees happy.

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.