Discrimination laws were written to protect current and potential employees from adverse treatment based not on their qualifications or performance, but on some protected aspect of their being. While most small businesses never have to deal with discrimination claims, awareness of the risks is essential to ensure your business’s protection. Federal and Texas legislation regarding discrimination are, for the most part, based on a combination of current societal norms and common sense.
As they say, however, the devil is often in the details. Additionally, many discrimination cases turn on perception and specific language contained in antidiscrimination statutes. As an employer, your chances of avoiding an Equal Employment Opportunity Commission (EEOC) investigation are greatly improved by simple awareness of what laws exist on the subject and whether or not they apply to your business.
Federal Discrimination Laws Summary
Our goal in this post is to give business owners a broad overview of prominent laws regarding discrimination. This list is by no means comprehensive and any employers requiring counsel on a specific scenario should contact a qualified employment law attorney.
-
Title VII of the Civil Rights Act of 1964 (Title VII)
Applies to companies with 15+ employees
-
Age Discrimination in Employment Act (ADEA)
Applies to companies with 20+ employees
-
Title I of the Americans with Disabilities Act (ADA)
Applies to companies with 15+ employees
-
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Applies to companies with 1+ employee
-
National Labor Relations Act (NLRA)
Applies to companies with 1+ employee
-
Family and Medical Leave Act (FMLA)
Applies to companies with 50+ employees
-
Fair Labor Standards Act (FLSA)
Applies to companies with 1+ employee
Title VII prohibits discrimination in all terms, conditions and privileges of employment on the basis of race, color, national origin, religion, sex, and pregnancy. Employers should take particular care to avoid any discriminatory effects in aspects of employment such as application, hire, pay, promotion, demotion, discipline, and discharge.
The ADEA bars discrimination against persons 40 and older on the basis of their age. As more than half of today’s workforce falls into this category, employers should expect and prepare for an increase in claims filed under this statute.
The ADA prohibits an employer from discriminating against anyone with a mental or physical disability, including persons who either have a history of having a disability or are considered disabled by the employer. It is important to note, however, that the employee or potential employee in question must be able to perform the essential functions of the job without requiring accommodation by the employer.
The USERRA requires employers to restore employees who serve in the armed forces to positions they held prior to entering service.
The NLRA requires employers to recognize unions, allow their employees to form a union, and refrain from discriminating against union members.
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave while keeping their health benefits and job security. To be covered, the employee’s condition must require hospitalization, ongoing treatment, or result in incapacity for more than three days and involve treatment by a health care provider. Also worth noting for employers, the FMLA permits similar leave when the employee is needed to care for children, parents, and spouses dealing with serious health conditions of their own.
The FLSA sets the minimum wage that employees must be paid and requires overtime pay for employees who work more than 40 hours in a single workweek. Exceptions to these rules do exist for certain employees who receive salary or commission pay, as well as for qualifying employers in farming, sales, and seasonal industries.