EEOC provides updated information for small businesses
Many small employers struggle to understand their obligations under various employment laws from discrimination to wage and hour.
To help small employers, the Equal Employment Opportunity Commission has issued a fact sheet titled "Preventing Discrimination is Good Business." This fact sheet is geared toward helping small businesses understand their responsibilities as it relates to discrimination in the workplace, and the laws that the Equal Employment Opportunity Commission enforces.
As defined in the fact sheet, the EEOC is "the federal agency that enforces the federal laws against employment discrimination based on race, color, religion, sex, national origin, disability, age, and genetic information. These laws also prohibit retaliation (punishment) for opposing or reporting discrimination or participating in a discrimination investigation or lawsuit."
From a practical perspective, small employers should determine whether they meet the thresholds for coverage under the various employment laws. If employers are unsure whether they meet coverage requirements, they should consult an experienced employment law attorney.
The Equal Employment Opportunity Commission has identified the following responsibilities:
Ensure that employment decisions are not based on race, color, religion, sex, national origin, disability, age or genetic information. Small employers should be aware that the EEOC considers sexual orientation and gender identity to be encompassed within the term of "sex."
Ensure that work policies and practices are related to the job and do not disproportionately exclude people of a particular race, color, religion, sex, national origin, disability or age.
Ensure that employees are not harassed based on these same protected characteristics.
Provide equal pay to male and female employees who perform the same work, unless you can justify a pay difference under the law.
Respond promptly and adequately to discrimination complaints.
Provide reasonable accommodations to employee or applicants who need them for medical or religious reasons.
Display the required posters.
Keep and maintain your employment records.
Should you have any questions regarding your obligations, or coverage, you should contact an experienced employment lawyer.
Sarah Phaff is an employment law attorney in Atlanta and Macon at the national labor and employment law firm of Constangy, Brooks, & Smith LLP.