What forms of discrimination are illegal in the workplace?
Only if a characteristic is specifically listed in an antidiscrimination law is it illegal to discriminate against someone on the basis of that characteristic.
Federal laws. Federal law prohibits discrimination on the basis of race, gender, pregnancy, national origin (including affiliation with a Native American tribe), religion, disability, citizenship status, and age (if the person is at least 40 years old).
Note: You will not see sexual harassment mentioned under a federal antidiscrimination law because it is a type of gender discrimination. It is any offensive conduct related to an employee's gender that a reasonable woman or man should not have to endure (specifically, an unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment).
State and local laws. State and local laws often prohibit additional types of discrimination, including discrimination on the basis of marriage, sexual orientation, and weight. (For example, fifteen states prohibit private employers from making employment decisions based on sexual orientation, as do many county and municipal governments. For more information, see Sexual Orientation Discrimination in the Workplace.) To learn more about your state and local laws, contact your state fair employment office.
Do antidiscrimination laws apply to small businesses?
If you have a really small business -- with only one to three employees -- you do not have to worry about the vast majority of antidiscrimination laws. The major exception to this general rule is the federal Equal Pay Act, which applies to virtually all employers, regardless of size. For a description of the Equal Pay Act, see Federal Antidiscrimination Laws.
In addition, there might be a local ordinance or state law that does apply to you (although the majority of these laws applies only to employers with five or more employees). To investigate your state laws, contact your state fair employment practices agency; ask your local government for information on municipal or county ordinances.
What should I do if an employee complains about discrimination?
The most important thing to do is to take the complaint seriously, no matter how angry it makes you or how fictional you think the complaint is. Investigate the complaint thoroughly and, if you find any merit to the complaint, remedy the situation as quickly as possible.
Do not discipline or demote the employee who complains. Most antidiscrimination laws contain a provision that forbids employers to retaliate against employees who assert their rights to a workplace free of discrimination. Both firing and discipline constitute retaliation, as do lesser actions.
Are English-only rules legal?
It depends on the purpose and scope of the rule. An employer may be able to prohibit on-duty employees from speaking any language other than English if it can show that the rule is necessary for business reasons. If your company has an English-only rule, you must tell employees when they have to speak English (for example, whenever customers are present) and the consequences of breaking the rule.
Do I have to give an employee time off for religious observances?
It depends on how easy or difficult it would be for you to do so. You are legally required to work with your employees to make it possible for them to practice their religion. This might include not scheduling an employee to work on an important religious holiday. However, you are not required to offer this accommodation if it would cause a hardship on your business or other workers -- for example, if it would upset your seniority system.
For information on religious discrimination and accommodations, see Religious Discrimination in the Workplace.
Author: Nolo Press
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