Most business owners avoid discriminatory practices with employees or clients. Some remain unclear about which anti-discrimination regulations apply and when they do not. Regular changes require frequent updates.
Protected Groups Against Discrimination
Civil Rights Act applies to businesses with 15+ workers at least 20 weeks/year
- No discrimination based on: race, color, religion, sex, and national origin
- Relief if discriminated: legal costs, back pay, created by EEOC,
Griggs v Duke Power defined to two kinds of discrimination:
- Disparate Treatment: direct discrimination, unequal treatment, prejudiced actions, different standards for different groups
- Adverse Impact: indirect discrimination, unequal rules, decisions with racial/sexual consequences, same standards but different consequences for different groups
Gender discrimination of compensation was enhanced by the
- Equal Pay Act prohibits discrimination for same skill, responsibility & working conditions
- Pregnancy Discrimination Act of 1978
- Prohibits discrimination of pregnancy, childbirth, or related medical conditions
- Decisions about the welfare of future children left to parents not employers
- Company’s responsible for OSHA standards & to warn employees of risks
Americans with disabilities act applies to employers with 15+ employees and:
- Protects “physical or mental impairment that substantially limits employees in major life activities”
- Requires companies to provide reasonable accommodations to help fulfill essential job functions
Other Rules and Regulations
Immigration and Control Act of 1986 covers employers with 4+ employees:
- Prohibits discrimination based on national origin and citizenship
- Unlawful to hire any unauthorized immigrant
- Verify legal authorization to work with I-9 documents
Employers must prevent sexual harassment:
- Quid Pro Quo: may not offer or refuse raises or promotions in exchange for sexual favors
- Hostile work environment: frequency or severity of conduct, physically threatening or humiliating, interferes with work performance
- Requirements: zero-tolerance, communicate to all employees, establish complaint procedure, act quickly to resolve problems, and provide training
Recent discrimination issues include:
- English-only rules in the workplace
- Discrimination based on sexual orientation and gender identity
- Genetic information nondiscrimination act (GINA)
Tuesday we’ll explore methods and vehicles for marketing your business more effectively
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