⚖️Legal Aspects of Management Unit 6 – Employment Law & Workplace Discrimination

Key Employment Laws

• Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin
  • Applies to employers with 15 or more employees
  • Enforced by the Equal Employment Opportunity Commission (EEOC)
• Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age-based discrimination
• Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in employment
  • Requires employers to provide reasonable accommodations for employees with disabilities
• Equal Pay Act (EPA) requires that men and women in the same workplace receive equal pay for equal work
• Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons
• Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions
• Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information

Types of Workplace Discrimination

• Disparate treatment occurs when an employer intentionally treats an employee differently based on a protected characteristic (race, gender)
• Disparate impact happens when a seemingly neutral policy or practice has a disproportionately negative effect on a protected group
  • Employers must demonstrate that the policy or practice is job-related and consistent with business necessity
• Harassment is unwelcome conduct based on a protected characteristic that creates a hostile or offensive work environment
  • Can include offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule, insults, or offensive pictures
• Retaliation against an employee for filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices is prohibited
• Failure to provide reasonable accommodations for employees with disabilities or religious beliefs
• Pay discrimination occurs when employees are paid differently based on a protected characteristic despite performing equal work
• Pregnancy discrimination involves treating an employee unfavorably due to pregnancy, childbirth, or related medical conditions

Protected Classes and Characteristics

• Race and color discrimination is prohibited, including discrimination based on skin color, hair texture, or certain facial features
• National origin discrimination involves treating employees unfavorably because they are from a particular country or part of the world, or have an accent
• Religious discrimination is prohibited, and employers must reasonably accommodate an employee's religious beliefs or practices
  • Accommodations may include flexible scheduling, voluntary shift substitutions, job reassignments, and modifications to workplace policies or practices
• Sex discrimination includes discrimination based on gender, sexual orientation, gender identity, or pregnancy
• Age discrimination is prohibited against individuals who are 40 years of age or older
• Disability discrimination is prohibited, and employers must provide reasonable accommodations for qualified employees with disabilities
  • Disabilities can be physical or mental, and may include conditions such as blindness, deafness, intellectual disabilities, partially or completely missing limbs, mobility impairments, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia
• Genetic information discrimination is prohibited, including discrimination based on an individual's genetic tests, the genetic tests of family members, or the manifestation of a disease or disorder in family members

Employer Responsibilities

• Provide a workplace free from discrimination and harassment
• Establish and enforce anti-discrimination policies and procedures
  • Policies should be clearly communicated to all employees and included in employee handbooks
• Provide training to employees and supervisors on anti-discrimination laws and company policies
• Promptly investigate and address any complaints of discrimination or harassment
  • Investigations should be thorough, impartial, and well-documented
• Take corrective action to prevent future incidents of discrimination or harassment
• Provide reasonable accommodations for employees with disabilities or religious beliefs
• Maintain confidentiality throughout the complaint and investigation process
• Ensure that employment decisions (hiring, promotion, termination) are based on job-related criteria and not on protected characteristics

Employee Rights

• Right to a workplace free from discrimination and harassment
• Right to file a complaint with the employer or a government agency (EEOC) if they believe they have been discriminated against
  • Complaints should be filed within 180 days of the alleged discriminatory act (extended to 300 days in some states)
• Right to participate in an investigation of discrimination or harassment without fear of retaliation
• Right to reasonable accommodations for disabilities or religious beliefs
• Right to equal pay for equal work, regardless of gender
• Right to take job-protected leave under the FMLA for certain family and medical reasons
• Right to keep genetic information private and not face discrimination based on genetic information
• Right to report discriminatory practices without fear of retaliation

Handling Discrimination Complaints

• Establish a clear and well-communicated complaint process
  • Encourage employees to report any incidents of discrimination or harassment
  • Provide multiple channels for reporting (supervisor, HR, hotline)
• Take all complaints seriously and investigate promptly
  • Investigations should be conducted by impartial and trained individuals
• Interview the complainant, alleged perpetrator, and any witnesses
  • Document all interviews and gather relevant evidence
• Make a determination based on the evidence and take appropriate corrective action
  • Corrective action may include discipline, termination, or changes to policies and practices
• Communicate the outcome of the investigation to the complainant and alleged perpetrator
  • Maintain confidentiality to the extent possible
• Follow up with the complainant to ensure that the discriminatory behavior has stopped and there has been no retaliation
• Document all steps taken in the complaint and investigation process

Prevention and Best Practices

• Develop and enforce clear anti-discrimination policies
  • Policies should define discrimination, harassment, and retaliation, and state that such behavior will not be tolerated
• Provide regular training to employees and supervisors on anti-discrimination laws and company policies
  • Training should cover how to identify and report discrimination, and how to create a respectful and inclusive workplace
• Foster a culture of diversity, equity, and inclusion
  • Encourage open communication and respect for all employees
• Conduct regular audits of employment practices to identify and address any potential discriminatory practices
  • Audits may include reviewing hiring, promotion, and termination data for any disparities based on protected characteristics
• Respond promptly and effectively to any complaints of discrimination or harassment
• Provide reasonable accommodations for employees with disabilities or religious beliefs
• Ensure that all employment decisions are based on job-related criteria and not on protected characteristics
• Lead by example and demonstrate a commitment to a discrimination-free workplace at all levels of the organization

Legal Consequences and Penalties

• Employers who engage in discriminatory practices may face legal action from the EEOC or private lawsuits
  • The EEOC can file a lawsuit on behalf of an employee or class of employees
  • Employees can also file private lawsuits in federal or state court
• Remedies for discrimination may include back pay, front pay, reinstatement, compensatory damages, and punitive damages
  • Compensatory damages are intended to compensate the victim for emotional distress, pain and suffering, and other non-economic losses
  • Punitive damages are intended to punish the employer for particularly egregious or malicious discriminatory conduct
• Employers may also be required to implement changes to policies and practices to prevent future discrimination
• Discrimination lawsuits can result in significant financial costs, including legal fees, settlement payments, and damage awards
  • In some cases, damages may be capped based on the size of the employer
• Discrimination claims can also result in negative publicity and reputational damage for the employer
• Employers who retaliate against employees for reporting discrimination or participating in an investigation may face additional legal liability
  • Retaliation claims can be brought even if the underlying discrimination claim is not substantiated