What you’ll discover:
What sorts of job discrimination are prohibited?
What is a workplace anti-discrimination policy?
What should an anti-discrimination policy include?
What options do workers have if they are the victims of workplace discrimination?
Make your company diverse, inclusive, and discrimination-free.
Maintaining a discrimination-free workplace not only provides a more varied, peaceful, and productive workplace, but it is also the law. As an employer, it is your job to properly tell your employees about the behaviors and activities that are deemed discriminatory, the groups of people covered by these laws, the processes for filing a complaint, and any relevant disciplinary consequences.
Although federal anti-discrimination rules apply to all businesses in the United States (with a few exceptions), your state or local jurisdiction may provide extra safeguards. We’ll go through the sorts of discrimination that are illegal at the federal level, what your written anti-discrimination policy should address, and what steps workers may take if they are discriminated against.
Table of Contents
What sorts of job discrimination are prohibited?
Companies are not permitted to discriminate against workers or job seekers based on their membership in a protected class. Employers that fail to handle discrimination appropriately may also be held accountable for tolerating or even perpetuating a hostile environment. A protected class is a group of people who share a trait, such as race or religious affiliation, and are protected by anti-discrimination legislation.
Discrimination may occur in a number of workplace settings, including:
Hiring and letting go.
Employee compensation, assignment, or classification.
Transfer, promotion, layoff, or recall are all options.
Advertisements for new jobs.
Recruitment.
Testing.
Use of firm resources.
Apprenticeship and training programs are available.
Benefits on the outskirts.
Salary, retirement plans, and disability leave are all options.
The following categories of occupational discrimination are prohibited under federal law:
Age. Everyone above the age of 40 is immune from discrimination based merely on their age.
Gender or sex? Discrimination based on a person’s sex, gender, or sexual orientation is illegal.
Regardless of race or color. Race, ethnicity, and color may have little bearing on how someone is treated.
Religion. Employers must provide reasonable accommodations for religious practices unless doing so would impose an unreasonable hardship.
The country of origin. People are protected on the basis of their true or perceived ethnic heritage, including citizenship or immigration status.
Disability. This covers individuals with physical or mental disabilities, as well as those who have had past medical illnesses; businesses must offer reasonable adjustments for these employees.
Pregnancy. Employers must offer reasonable accommodations for pregnant workers; pregnancy (or the prospect of an employee becoming pregnant) may not be a consideration in how an employee is treated.
Data pertaining to the human genome. Companies (and potential employers) are not permitted to make choices based on genetic information.
Harassment (usually) (generally). Harassment of any protected class is a form of discrimination.
Sexual assault. Unwanted verbal or physical sexual advances or demands for sexual favors are examples of this.
Pay equity. Businesses must pay equal wages for equal work, regardless of gender, age, ethnicity, religion, country origin, or handicap.
It is critical to recognize that anti-discrimination laws protect persons who are regarded to be members of a protected class. Someone who is harassed for having a handicap that they do not have, for example, is nevertheless protected. Some regulations may not apply to your company if you have less than a specific number of workers or if the employee making the claim worked fewer than a specified number of hours. State or municipal legislation, on the other hand, may offer extra safeguards.
Lastly, it is prohibited for an employer or its supervisors to retaliate against workers who file legitimate discrimination complaints, assist in an investigation into suspected acts of discrimination, or oppose acts of prejudice.
What is a workplace anti-discrimination policy?
An anti-discrimination policy is a written document that outlines the numerous sorts of workplace discrimination that are not accepted. It also describes how your firm intends to eradicate and avoid prejudice. The policy will clarify how to report incidents of discrimination, including harassment, as well as disciplinary actions for violators, training methods, and a retaliatory statement. Each employee signs the form to acknowledge that they have read and understood the policy’s contents.
Employees are effectively “on notice” for any infractions when they receive and sign a formal Anti-Discrimination Policy in addition to your Employee Handbook. This will assist guarantee that everyone on your team is on the same page and may give some legal protection for your company since you will be able to demonstrate the efforts done to effectively address workplace discrimination.
What should an anti-discrimination policy include?
Your anti-discrimination policy should encompass all applicable federal, state, and municipal anti-discrimination legislation. The content may vary depending on your area and business size, but it should include the following:
Actions that are forbidden due to discrimination (e.g., employment, promotion, perks, etc.) and a notification that violations will result in disciplinary action.
Sections that outline your company’s rules on discrimination, harassment, and sexual harassment.
Affirmative action statement (if applicable).
Procedures for reporting discrimination or harassment occurrences.
Declaration concerning retribution.
Discipline and repercussions.
List of anti-discrimination and anti-harassment training processes that must be followed.
Signature lines are required for both the employer and the employee.
What options do workers have if they are the victims of workplace discrimination?
Workers who have experienced workplace discrimination or harassment should maintain a log of the episodes, save any insulting emails or papers, and save any relevant proof. They should report the event to their supervisor or the HR department.
Employers must examine the allegation after receiving this first notice. Let the employee know you’re doing your due diligence by responding to the issue and keeping them updated. If an employee’s complaint is disregarded, he or she may make a legal claim against your organization for contributing to a hostile work environment.
If the initial accusation is made against you, the employer, rather than another employee, the individual submitting the claim has the right to file a charge with the Equal Employment Opportunity Commission (EEOC). If they submit a charge with a state or local agency that has an agreement with the EEOC (known as a Fair Employment Practices Agency), the charge may be immediately filed with the federal EEOC. The agency will look into the employee’s complaint to see whether they may make a legal claim for discrimination, harassment, or retaliation.
Make your company diverse, inclusive, and discrimination-free.
It is your responsibility as an employer to set the tone and explain your expectations of your employees. This involves developing a clear anti-discrimination policy and implementing processes to address any cases of discrimination or harassment that may arise. The objective is to prevent such situations from occurring in the first place, but developing your company’s culture begins from the top.
