If you have questions about the EEOC, then we have answers. The Equal Employment Opportunity Commission sets out to regulate that employees are treated equally within the employment realm. Wronged employees can seek relief from illegal employment actions through the EEOC complaint process.
Who Receives Protection from Employment Discrimination?
Job applicants, workers, and former employees receive protection from employment discrimination. The workers specifically who fall into a legally protected class are protected from discrimination. Legally protected classes include sex (gender identity, sexual orientation, pregnancy), race, religion, color, national origin, disability, age, and genetic information.
The EEOC also lays out rules for handling retaliation for filing a complaint about discrimination. Employees are protected from retaliation for helping in a discrimination investigation or standing up against discrimination.
Do the Federal Employment Discrimination Laws Apply to My Employer?
Employment discrimination laws apply to employers who have a certain number of employees. Therefore, you need to be aware of how many employees work for your employer.
- One Employee: The law requires equal pay for men and women.
- 15 – 19 Employees: Your employer is not permitted to discriminate against employees based on legally protected class. The law also obligates your employer to offer equal pay for equal work, no matter the employee.
- 20+ Employees: Employers are required to not discriminate against employees based on their legally protected class, and employers must offer equal pay for equal work.
Note: state and local employment discrimination laws also may affect your employer.
Who is an “Employee” Under Federal Laws?
An employee is anyone who works full-time or part-time, seasonally or temporarily. Workers can also be assigned to an employer through a work program and be considered employees. In some cases, volunteers are considered employees as well as workers who are not citizens.
Note: An employers who has 15 or more employees for at least 20 calendar weeks in this year or the last year are obligated to follow federal discrimination laws.
What Are Employers Obligated to do Under Anti-Discrimination Laws?
Employers are obligated to abide by federal employment discrimination laws when they have a certain number of employees. While some laws may apply to even a business with one employee, most require businesses to have 15+ employees before they must comply. These below laws may apply to your employer.
- Equal pay for equal work should be provided for men and women unless pay difference can be justified.
- No discrimination or harassment against employees due to their legally protected class of race, religion, color, sex, age, national origin, disability, or genetic information.
- Employment policies cannot punish certain job applicants or employees for their legally protected class, whether race, age, sex, religion, color, disability, or national origin.
- Reasonable accommodations may be required for employees because of a religion or disability.
- Employers are not permitted to request medical information from job applicants except in certain situations. If your employer does need genetic information, it must be kept confidential.
- No retaliation for reporting discrimination or participating in a law-abiding activity opposing discrimination is permitted by law.
- Federal employment discrimination laws must be displayed in the workplace for the knowledge of employees.
- Employers should keep track of employment records, including applications, personnel records, and payroll.
What if I Have 100+ Employees or 50+ Employees with $50K in Government Contract?
Employers who fit the above qualifications are required to report information to the government about the race, gender, and ethnicity of their workforce.
Note: Local and state governments may place further responsibilities on employers.
What Can’t An Employer Ask When Hiring?
An employer is not permitted to ask questions about a job applicant’s disability or to ask questions leading to revealing a disability. Even when a disability is obvious, an employer cannot ask until after a job offer has been made. However, it’s acceptable for an employer to ask a job applicant to explain how they would perform job tasks.
Can’t Ask
- Do you have a disability?
- Are taking medications and what kinds?
- When did you last file a workers’ compensation claim?
- Do any of your close relatives have a heart condition?
- What mental health conditions run in your family?
Can Ask
- Will you need a reasonable accommodation for this application process or job position?
- Do you need assistance for the job application?
- Will you require a workplace accommodation or alteration in how the job is completed?
Note: After a job offer is made and you begin working for your employer, different expectations are placed on the employer for handling employee disability.
How Should an Employer Handle an EEOC Complaint?
An employer who receives a filed EEOC complaint should respond to it promptly. It’s important that your employer does not retaliate against you for opposing employment discrimination.
Your employer should review the complaint, following the directions included with the complaint. Sometimes, the complaint may require the employer to offer a response and explanation for their side of the situation. An employer has the option to request an EEOC mediation to try to resolve the issue quickly.
Once again, your employer should take steps to protect you and other employees from retaliation while the EEOC investigation is in process. The employer also should keep all relevant documents to the case.
Can the EEOC’s Mediation Program Resolve a Discrimination Complaint?
Yes, the mediation process includes a neutral mediator who leads both parties through a free and informal discussion to resolve the issue. A mediation is voluntary.
A mediation does not mean either side is admitting to right or wrong. The purpose of the mediation is to allow both parties an opportunity to decide upon a solution together.
The mediation process is free, confidential, and money saving. However, the best part of mediation is the chance to create your own solution to the problem.