Equality & Labor Law

Every year, tens of thousands of employers, including many small businesses, face discrimination claims brought by their employees. The Equal Employment Opportunity Commission receives almost 100,000 discrimination complaints annually and that number is increasing every year. Title VII of the Civil Rights Act of 1964 is the largest piece of federal legislation that addresses equality in the workplace. Title VII bars employers from discriminating against employees "because of such individual's race, color, religion, sex or national origin." Many states also have their own statutes that promote equality in the workplace. Employers should become familiar with these laws to minimize the likelihood that an employee will file a claim against their business.

Sex Discrimination

  1. Title VII prohibits employers from discriminating against individuals because of their sex. Although sex discrimination claims are often brought by women, this law protects both males and females from discriminatory behavior. Because sex discrimination is often difficult to identify, courts continue to debate whether some behavior is acceptable or improper. For instance, some sex-based teasing may be uncomfortable, but might not rise to the level of discrimination. As an employer, it is always prudent to air on the side of caution and prevent any behavior that might make someone uncomfortable because of his or her gender. The Equal Pay Act also requires that men and women receive equal compensation for completing the same work. Further, a 1978 amendment to the law classifies pregnancy discrimination as sex discrimination and clarifies that such prejudice in the workplace is illegal.

Religious Discrimination

  1. Title VII prohibits employers from basing any employment decisions on an individual's religion or religious practices. The law also prohibits workplace harassment based on religion. Also, although such behavior would be extreme and unlikely, Title VII prohibits from segregating workers based on their religion. Further, the law mandates that employers make reasonable accommodations for employees to practice their religion. Such accommodations could include allowing time for prayer or altering uniform requirements to provide for religious attire exceptions. However, the accommodations mandate does not require employers to make exceptions that would cause them undue hardship.

Racial Discrimination

  1. It is illegal for employers to discriminate against employees based on their race or national origin. In fact, labor equality laws were originally established to combat racial discrimination in the workplace. Managers should establish policies and procedures that make it clear to employees and outsiders that racial discrimination and prejudice will not be tolerated in the workplace. Employers should be diligent about maintaining an equal opportunity workplace because some discrimination is unintentionally discriminatory. Some policies that are neutral on their face may have a disparate impact on individuals of different races or genders. For example, discrimination may result if a boss asks his current employees, who all happen to be white, to recommend candidates for a new position. If the current employees recommend only white candidates because those are the individuals with whom they are most connected, then the referral policy could be considered discriminatory, even though that was not the manager's intention.

Retaliation Claims

  1. As an employer, your first reaction may be to fire an employee who brings a discrimination claim against you. Although you may be upset by your employee's actions, firing them may actually get you into more trouble. Title VII prohibits employers from retaliating against employees who file discrimination claims and employees who support discrimination claims of others. If you fire or demote an employee who is making a discrimination claim against you, you may be subject to additional liability for your retaliatory actions.