The Ins and Outs of Employment Discrimination

Employment discrimination is a complex issue that requires a thorough understanding of both legal regulations and ethical considerations. It is essential for organizations to have a comprehensive grasp of the ins and outs of employment discrimination to ensure a fair and inclusive workplace environment. From discriminatory hiring practices to workplace harassment, employers must be vigilant in identifying and addressing any form of discrimination.

By implementing robust anti-discrimination policies, providing comprehensive training to employees, and fostering a culture of respect and equality, organizations can mitigate the risk of discrimination claims and create a more harmonious workplace for all. It is crucial for HR professionals and managers to stay up-to-date on the latest legal developments and best practices in this area to proactively address any issues that may arise. In doing so, organizations can promote diversity, equity, and inclusion while safeguarding against the costly repercussions of employment discrimination.

In the state of California, you’re not allowed to hold these characteristics against any of your current or prospective employees:

• Advancing age
• Birth country
• Disability
• Sex
• Race
• Genetic traits
• Religion
• Ancestry
• Medical conditions
• If they’ve been a victim of a crime such as domestic abuse, stalking, assault
• Political affiliations
• Sexual orientation
• Veteran status
• AIDS/HIV
• Marital status

 

It’s important to understand that it’s not unusual for a city like San Francisco, where you can’t use a person’s height or weight against them when they’re employed by, to have additional rules about employee discrimination.

If an employee feels that they’ve been the victim of employee discrimination, they file a report with the Equal Employment Opportunities Commission (EEOC), which then launches an investigation. It’s important that you work closely with EEOC and provide honest answers to their questions and that you comply with the investigation. If you become difficult or you act like you’re trying to hide something, the investigating team will start to assume that you’re guilty of discrimination.

While an accusation of employment discrimination can be embarrassing to an employer, having the EEOC investigation reveal proof of the discrimination is even worse. Not only does this make it considerably harder for the employer to hire employees and get good PR for their company, but it also means that they’ll be required to pay fees to the employee. Additional expenses include legal fees, back wages, payment for lost promotions, court costs, etc. Many employers find that the employee also files charges against them in civil court. The EEOC can also force the employer to take corrective measures.

No two employment discrimination cases are the same. So the type of investigation, as well as the punishment the employer receives, varies from one case to the next.