It seems like almost every day there is a newspaper or magazine article about another discrimination case going to court or one that has recently settled. The courts are burdened with a huge number of discrimination cases. You have to wonder - what don’t employers get? Although the laws can be confusing, the Equal Employment Opportunity Commission (EEOC) is very clear: discrimination is against the law. Title VII of the Civil Rights of 1994, The Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) clearly spell out that it is illegal to discriminate in any aspect of employment.
Spelling It Out
‘Any aspect of employment’ covers hiring and firing, compensation, assignments, or classification of employees, transfer, promotion, layoff or recall, job advertisement, recruitment, testing, use of company facilities, training and apprenticeship programs, fringe benefits, pay, retirement plans, disability leave, or other terms of employment.
It also includes:
- harassment on the basis of race, color, religion, sex, national origin, disability, age;
- retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
- employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
- denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group, pregnancy, childbirth or related conditions. It includes a recently enacted law with regard to military families.
State laws can add other protected classes. Basically, everyone is in a protected class except the white male between the age of 18 and 40 and there are even some exceptions here, such as veteran status, the Uniformed Service Employment Re-employment Rights Act (USERRA), and the Soldiers and Sailor Act.
Chart A (bottom of article) shows a few examples of some of the discrimination cases recently settled in our court system. The costs are mind-boggling and can put a small business out of business.
Is it the attitudes of employers that get them in trouble? Is it that they don’t understand the law? Or maybe they don’t have the staff to keep them apprised of the law? Laws and regulations are constantly changing and if an employer does not have staff dedicated to human resources, it can be overwhelming. Many cases can be avoided if an employer takes the right steps.
What are those steps?
If you have a problem with an employee, do your homework. Call the Department of Labor. In New York, the right office to call is the New York State Division of Human Rights (315-428-4633) in Syracuse. They have personnel on staff to advise employers of the laws and of their rights. They can quote you chapter and verse and guide you through the process, avoiding unnecessary lawsuits and potentially large sums of money, as noted above. This service is free.
An employer taking advantage of this free service offered by the State of New York may avoid having to incur unnecessary costs and unwanted negative publicity. In these economically troubled times employers need to take advantage of whatever sources are available to assist their business.
Employers pay enough to New York State just to conduct business in the State. Take advantage of some of the free services offered. This can be a big help and can potentially not only save an employer (especially a small business) money, but also keep bad publicity from your doorstep.
An employer can also contact a labor attorney for advice. Make sure to find a reputable specialist in labor law as not all lawyers are thoroughly familiar with that field.
Chart A
Company / Discrimination / Cost to Employer
03/30/09 Newspaper / Sexual / $300,000
03/27/09 Photo Processing Plant / Age / $272,000
03/25/09 Surgical Center / Sexual / $290,000
03/24/09 Civilian employer / USERRA / $118,000
03/19/09 Airline / Disability / $850,000
The future of the North Country is directly linked to the quality of its leadership. Dedicated, trained and inspired community leaders will shape and determine the future of our region for years to come. This belief was the motivation behind the creation of the Jefferson Leadership Institute (JLI), a program of the Greater Watertown-North Country Chamber of Commerce. Established in 1991, an average class size of 20 each year has led to over 330 graduates who are now part of the leadership core of Jefferson County. Read more
Postings, Constantly Changing
The federal government and the New York State Department of Labor require employers to “conspicuously” display and make accessible required postings in the workplace in a spot where employees can read them. The following posters are required in the workplace, if applicable. Read more
In the early 1980s I had a gentleman submit an application for a job. When I conducted my background investigation I found that, although he said he had graduated from high school, he had not.
