Prohibiting Discrimination – Federal Laws to Keep In Mind
I am going to state the obvious, but it bears repeating:
Prohibiting workplace discrimination should be a top priority!
It is easy to get overwhelmed with the federal laws that prohibit discrimination in the workplace, so a quick review is in order. I call them the SUPER 7! The “Super 7” laws that can really wreak havoc in any workplace if violated.
1. Title VII
2. EPA
3. ADEA
4. ADA
5. Civil Rights of 1991
6. GINA
7. Rehab Act of 1973
I don’t need to tell you that workplace discrimination is wrong. I also don’t need to harp on the extraordinary cost and time associated with defending a discrimination complaint or lawsuit. You constantly hear about discrimination lawsuits that have been filed, settled and otherwise publicized in the media. 
Boeing Settles Two EEOC Sex Discrimination and Retaliation Lawsuits for $380,000
EEOC Sued a New York Law Firm Kelley for Age Discrimination and Retaliation because they significantly underpaid attorneys after they turned 70.
As of 2008, there were 62 million private sector employees in the United States, about 30 million (48%) were women and 21 million (34%) were minorities. Our workforce is ever changing and the laws prohibiting discrimination cover virtually every employee (in one form or another), so these laws are important!
For the purpose of this blog, I want to highlight the laws to pay attention to and practices that are most common in small business.
#1 – Most of you have heard of the Civil Rights Act of 1964 also known as “Title VII”. This is the mother ship law which prohibits employment discrimination based on race, color, religion, sex, or national origin. Many states and municipalities have incorporated protections against discrimination and harassment based on sexual orientation, an employee’s status as a parent, marital status and political affiliation.
#2 – The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. Waiters and waitresses doing the same job should be compensated relatively the same.
#3 – The Age Discrimination Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.
#4 – The Americans with Disabilities Act of 1990 (ADA), prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments. This law is ever expanding, so be aware of Title I and Title V. Again, there are many states and municipalities that have expanded the definition of a “qualified individual with a disability.”
#5 – The Rehabilitation Act of 1973, specifically prohibits discrimination against qualified individuals with disabilities who work in the federal government. 
#6 – The Genetic Information Nondiscrimination Act of 2008, also known as GINA just went into effect November 2009. This law prohibits employment discrimination based on genetic information about an applicant, employee, or former employee. The law is new, so just don’t forget as an employer you can never use genetic information to make an employment decision because genetic information doesn’t tell the employer anything about someone’s current ability to work.
#7 – Pay attention to this one! The Civil Rights Act of 1991, among other things provides monetary damages in cases of intentional employment discrimination.
Employment Practices
There are practices that small business owners should pay a great deal of attention to when attempting to avoid discrimination. Keep in mind, when we are referring to Title VII, the ADA, GINA and the ADEA, it is illegal to discriminate in ANY aspect of employment. The common areas are:
~Hiring and firing
~Compensation, assignment, or classification of employees
~Transfer, promotion, layoff or recall
~Job advertisements
~Recruitment
~Testing
~Use of company facilities
~Training and/or apprenticeship programs
~Fringe benefits
~Pay, retirement plans, disability leave and other terms and conditions of employment.
DON’T FORGET discriminatory practices under these laws also include:
HARASSMENT on the basis of race, color, religion, sex, national origin, disability, genetic information, or age;
RETALIATION against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
EMPLOYMENT DESICIONS based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual’s genetic information; and
DENYING EMPLOYMENT opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
AS A SMALL BUSINESS OWENER, you must remember you are required to post notices to all employees advising them of their rights under the laws, and the EEOC enforces their right to be free from retaliation.
Don’t get caught doing the wrong thing. A little education will go a long way. Be sure your supervisors are aware of these laws and what they can do to reduce the likelihood of discriminating.
Below you will find links to fact sheets posted on the EEOC website. Read them all, it won’t take long and can provide you with valuable information to pass along to your supervisors.
FACT SHEETS
***Small Business Fact Sheet***
National Origin Discrimination
Age Discrimination
Religious Discrimination
Race/Color Discrimination
ADA Discrimination
Pregnancy Discrimination
Janice Jackson-Haley
Employee Essential, LLC
For information and education purposes only! This post is not intended to provide legal advice. Please seek legal counsel if needed.
