Overview: To prevent and respond to employee discrimination based on protected class status, an employer must have zero-tolerance policy against this discrimination and communicate to their workforce that discrimination against any individual based on protected class status will not be tolerated.
Employers should understand that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, sex, religion and national origin. Among the other federal laws that prohibit discrimination are the Americans with Disabilities Act (disability), the Genetic Information Nondiscrimination Act (genetic information) and the Age Discrimination in Employment Act (age). State laws generally prohibit employee discrimination against the same classes protected by federal law. However, some state laws go further and consider gender identity/sexual orientation, unemployment status, and marital status to be protected classes.
An employer should implement a policy against discrimination and make sure that all employees and supervisors receive training on the policy An employer should develop and implement policies and practices that are facially neutral and do not discriminate. Further, employers should establish a multi-channeled complaint system and promptly respond to all discrimination complaints by immediately investigating and if necessary, take corrective measures and impose discipline.
Trends: There is a great deal of movement on the federal and state level to expand the protected classes under equal employment opportunity laws. Those protected under discrimination laws have advanced well beyond the traditional protected classes of race, sex, age, and disability to include genetic information, military status, transgender status, individuals with caregiving responsibilities and even unemployment status. As a result, employers can reasonably anticipate a greater number of lawsuits. Further, employers should know that there is also a trend towards class actions and allegations of widespread bias and discrimination by multiple plaintiffs. Employers need to know how to prevent and effectively respond to such claims.
Author: Beth P. Zoller, JD, Legal Editor
The Americans with Disabilities Act (ADA) prohibits discrimination against a qualified individual with a disability with respect to job application procedures, hiring, advancement, termination, compensation, job training, and other terms, conditions and privileges of employment. This section highlights ADA compliance minefields, including the definition of disability, reasonable accommodations and the interactive process, and medical examinations and inquiries.
In-depth review of the spectrum of Connecticut employment law requirements HR must follow with respect to disabilities (ADA).
In-depth review of the spectrum of Alaska employment law requirements HR must follow with respect to the Americans with Disabilities act.
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to disabilities.
As mandated by the Oklahoma Human Rights Commission, every employer covered by the Oklahoma Anti-Discrimination Act must post the Oklahoma Law Prohibits Discrimination poster.
As mandated by the Tennessee Human Rights Commission, every employer covered by the Tennessee Human Rights Act must post the Tennessee Discrimination in Employment poster.
As mandated by the Ohio Civil Rights Commission, Ohio employers must post the Ohio Fair Employment Practices poster.
As mandated by the South Carolina Human Affairs Commission, all employers must post the South Carolina Equal Opportunity Is the Law Poster.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to EEO discrimination.
As mandated by the South Carolina Human Affairs Commission, every employer covered by the South Carolina Human Affairs Law must post the South Carolina Employment Discrimination poster.
HR guidance and support on how to develop and implement policies to prevent and respond to employee discrimination claims against protected classes.