Workplace Discrimination Laws: What a Small Business Needs to Know

Could This Happen to You?
Many small business owners wonder how workplace discrimination laws and regulations affect them and their employees. To illustrate how workplace discrimination dilemmas can surface, here is a “real life” story that can happen to any employer: 

An employer hires males and females to fill sales positions with the understanding that these positions require travel at least 80 percent of the time. After accepting employment, a female new hire discloses the fact that she is pregnant. During the interview process, she even voluntarily offered the information that although she was newly married, she had no plans to start a family. 

After hearing the news that this employee is pregnant, the employer becomes upset. The employer is concerned that this female will not be able to travel 80 percent of the time and/or she will have to take more time off due to the pregnancy and birth and will not be as committed to her job.  

What can or should the employer do?  Employers must avoid stereotyping; and they need to be sensitive and careful in this type of situation. A pregnant employee cannot be treated any differently; and accommodations might be necessary. Employers should also be careful to avoid giving any indication that they might try and force the pregnant employee to resign. 

Workplace Discrimination Laws
The fact is, according to the U.S. Equal Employment Opportunity Commission (EEOC), workplace discrimination claims are on the rise and it is regarded as the fastest growing discrimination charge filed with the EEOC. In my work with small-business clients, I strive to keep them informed and apprised in order to avoid legal vulnerabilities.  

I ask employers to abide by a basic standard: Treat pregnant workers the same as any other employee with a temporary medical condition and let’s work together to send a consistent and clear message that demonstrates respect for all employees. It’s important, too, that managers know they can go to their HR Specialist and ask questions about handling a certain situation.

The following is a “snapshot” summary of workplace discrimination laws: 

1. Title VII of the Civil Rights Act of 1964. This Act prohibits employers from discriminating against applicants and employees on the basis of race or color, religion, sex, and national origin (including membership in a Native American tribe). It also prohibits employers from retaliating against an applicant or employee who asserts his or her rights under the law.  In fact, the PDA (Pregnancy Discrimination Act) was enacted in 1978 as an amendment to Title VII.  
2. The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age against employees who are at least 40 years old. It also prohibits employers from retaliating against an applicant or employee for asserting his or her rights under the ADEA.  The ADEA prohibits age discrimination in all terms and conditions of employment, including hiring, firing, compensation, job assignments, shift assignments, discipline, and promotions. 
3. The Americans With Disabilities Act (ADA) prohibits employers from discriminating against people with disabilities in any aspect of employment, including applications, interviews, testing, hiring, job assignments, evaluations, compensation, leave, benefits, discipline, training, promotions, medical exams, layoffs, and firing. The ADA protects not only applicants and employees with disabilities; it also protects those who have a history of disability and those who are perceived -- incorrectly -- as having a disability. 
4. The Equal Pay Act requires employers to give men and women equal pay for equal work. Employees do equal work when they perform, under similar working conditions, jobs that require equal skill, effort and responsibility. Two jobs may be equal even if they have different job titles. There are a few exceptions to the Equal Pay Act. Employers can pay men and women different salaries for doing equal work if the difference is based on seniority, merit, an incentive system or any factor other than gender. 
5. The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from discriminating against applicants and employees on the basis of their citizenship or national origin. IRCA's prohibition on discrimination applies to all terms, conditions and privileges of employment, including hiring, firing, compensation, benefits, job assignments, promotions and discipline.

IRCA also makes it illegal for employers to knowingly hire or retain employees who are not authorized to work in the United States. Employers are required to examine employee documents and keep records verifying that their employees are authorized to work in this country.

As a final note to my introductory story, employers can learn more “Facts About Pregnancy Discrimination” on the EEOC Web site.   It’s important that managers understand employee rights under the various state and federal laws. Training your management team about these topics is vitally important because lawsuits and investigations are costly and can ruin reputations and impact morale.  

Source:  Nolo at www.nolo.com

To illustrate how workplace discrimination dilemmas can surface, here is a “real life” story that can happen to any employer: