Are Anti Discrimination Laws Good For Business?


Anti discrimination laws were originally developed to protect employees but they are a tremendous benefit to businesses that adhere to them in so many great ways! The number one reason is that an environment that is free from discrimination and harassment creates a workplace where employees trust each other which in turn increases everything from attendance to productivity.

The Civil Rights Act of 1964, otherwise known as Title VII prohibits sexual discrimination, racial discrimination, religious discrimination, and discrimination based on color or national origin. 

The Age Discrimination in Employment Act of 1967 protects employees forty or over and prohibits age discrimination.

anti-discrimination laws

EEOC Has Been Tasked With Overseeing the Anti Discrimination Laws

The Equal Pay Act developed in 1963 protects both men and women who do the same work in the same organization from wage discrimination based on their sex.

The American with Disabilities Act developed in 1990 prohibits discrimination based on a person’s disability both in the private sector and state and local governments.

The Equal Employment Opportunity Commission (EEOC) has been tasked with overseeing these anti discrimination laws. Any time I have been contacted by the EEOC to answer a claim of discrimination or harassment they have always been extremely fair. The number one thing that will help any company who is undergoing a claim of discrimination is training and taking immediate action against any sign of discrimination in the workplace. Remember that claiming that you didn’t know it was taking place is no excuse. The law states that any company that knew or should have know that discrimination or harassment was taking place will be held liable.

Sexual discrimination or sexual harassment is a very hot topic in the workplace today and should be taken very serious. Protecting your employees from sexual harassment or discrimination will gain you the respect that pays huge dividends. There is no question that poor attendance is directly related to employees being dissatisfied for some reason. Poor productivity can be attributed to many things but employees that are discriminated or harassed will definitely not perform well. These all cost you money.

One of the best methods to help eliminate discrimination or harassment in the workplace and comply with all the anti discrimination laws is to conduct training classes on a regular basis. In addition, an organization must continue to create an environment where employees know that any form of discrimination or harassment will not be tolerated. This is done by investigating any report of discrimination or harassment immediately and if the report is found to be true taking the appropriate action.

Training should begin on the very first day of employment and continue on a regular basis thereafter. Training should not only define what all types of discrimination and harassment but what the consequences are if they are violated. The important thing to remember here is that you can do all the training in the world but if the organization doesn’t follow through with what they say it will lose respect. The old saying, “Talk the Talk and Walk the Walk” rings true. Enforce your position and it will make your organization stronger and more profitable.

Thank you and May God bless you!


Understanding Florida's Anti Discrimination Laws

Florida Anti-Discrimination Laws

Even with all of the advancements and improvements made over the past fifty years to eliminate discrimination and prejudice, it continues to plague our society. Unless you are a healthy young heterosexual Protestant white male you will have experienced discrimination at least once in your lifetime. But don't let the ignorance and hatred of other people dominate you or aspects of your life; take control, and find an attorney who can help you. Florida's anti discrimination laws is enshrined in several statutes intended to protect you from various forms of manipulation, exploitation and abuse based upon your age, race, gender, religion, or physical abilities. Let's take a few moments to look at some of these statutes.

In 1992 the State of Florida enshrined into law statutes which protect Floridians from various forms of discrimination. According to Title 44 Chapter 760 of "The 2000 Florida Statutes" (referring to the year 2000) Florida discrimination law makes it illegal for anyone to discriminate based on "race, color, religion, sex, national origin, age, handicap, or marital status" in order to protect personal dignity, to ensure that a person is able to be a productive member of society, to protect the state against civil unrest, and to promote the welfare of the general public. Anyone who experiences discrimination along any of these lines has a right to file a complaint with the Florida Commission of Human Relations. Protection from discrimination based upon sexual orientation is not currently included in this law, but efforts are being made to add it.

Housing discrimination has become an increasing problem in Florida. Both Chapter 760, as well as the Florida Fair Housing Act, ensures protection against this problem. If you have attempted to purchase a home, rent an apartment, or obtain a mortgage loan, but were discriminated against for any reason (age, race, disability, etc.) then you have a right to legal recourse because the person has committed a crime.

Another problem commonly experienced in Florida, and across the country, relates to employment. Unequal pay for women, and unfair treatment by employers who exploit their workers takes place every day. Anti-discrimination laws have been in effect in Florida for decades to protect male and female employees, but this form of discrimination and exploitation continues to be one of the most predominate. The Fair Labor Standards Act, the Equal Pay Act, and the Florida Wage Law were each formulated to protect workers in common situations, such as when working over 40 hours per week an employer is required to compensate with overtime pay, and when a man and women perform the same tasks they should be paid the same income. As of 2005, Florida has also instituted a minimum wage.

Having a better understanding of a few of the statutes of Florida's anti discrimination laws will help you to take greater control in situations where you believe you are a victim of discrimination. But you cannot fight it alone. Contact an attorney, and discuss your situation with them. They will help you determine how to proceed.


Employment Racial Anti Discrimination Laws: Have You Been Discriminated Against?

anti discrimination laws

Employment racial anti discrimination laws occur any time an employer treats an employee or an applicant differently than other employees due to their race. Whether it be hair color, eye color, skin color or nation of origin this practice is illegal in all 50 states.

Other Considerations

Racial discrimination can also be considered when the spouse of someone who is of different ethnic origin is treated differently, or someone who associates with someone of a different ethnicity is treated differently, this can include being associated with an ethnic group as well.

The Perpetrator

The victim of racial discrimination may even be of the same ethnic origin of the person inflicting the discrimination.

Any employee can be guilty of discrimination. It doesn't have to be the supervisor or boss, it can be a co worker or even a delivery person that comes to the building.

The Law

The law clearly states that it is illegal to harass a person due to their race or nationality. Forms of employment racial discrimination may include any of the following:

racial slurs

rude or derogatory comments in regards to a persons race

displaying of racially offensive symbols (this includes clothing items as well as tagging personal property, lockers and other items)

If at any time a person is offended by a comment or symbols and has asked the other party to stop such behavior and it isn't stopped, it's considered harassment and is illegal if it continues. If the behavior results in the person of different race being fired or having a problem at work (demoted or put on tasks not associated with the job position) then it is considered harassment and discrimination. If the offending behavior makes the employee uncomfortable it's discrimination.

Employers Responsibility

Employers are supposed to make work a safe environment for everyone regardless of their race. Sadly, this often isn't the case.

Recruitment/Pay

Job positions must be open to any applicant regardless of race. Pay scale must be the same for the job positions regardless of the persons race. Advancement must also be available to all employees regardless of race.

Retaliation

Employees that file charges of racial discrimination may not be retaliated against. Employers can be fined further if this happens. Employees who have filed charges may not be fired, demoted or otherwise harassed during any of the proceedings.

How to File if You Are The Victim

If you are the victim of any of the employment anti discrimination laws, you may file at the EEOC website free of charge. You must make this filing within 180 days of being harassed or up to 300 days depending upon the state in which you are residing at the time of discrimination. You don't  need a lawyer but you may wish to seek counsel and know your options if you have been discriminated against.

If you feel you have been discriminated against due to your race you can go to EOCC.gov for more information or to file your complaint against an employer.


Federal Anti Discrimination Laws for Employers

anti discrimination laws

In the United States, employers have to be very careful with employment practices because there are a wide variety of rules and regulations that must be followed if they do not want to open themselves up to a potential lawsuit.  Some of the most important laws deal with discriminating against certain minority employees.  Federal anti discrimination laws are important for each business to understand and take measures to comply with.

Managers of government enterprises are limited by the fifth and fourteenth amendments to the Constitution from broadly  using any bias in the way it treats one employee over another.  These particular restrictions are not imposed on private employers; however, similar requirements are generally mirrored in federal statutes.  

Many of these requirements are set forth in Section 1981 of the U.S. code and allow businesses to be prosecuted for workplace harassment and intentional discrimination against certain groups based on their race, sex, national origen, physical disability or age.  More broadly speaking, the Civil Rights Act of 1964 prevents employers with more than 15 employees who transaction businesses across state boundaries (which has been very broadly interpreted) from any discriminatory practices when hiring or firing employees. This act also prevents the business from giving preferential treatment to any group in terms of differences in compensation or other benefits of employment. 

This act protects people of different colors, sexes, religions, and countries of origin.  The act also applies to employment agencies and unions.  In 1990 with the passage of the American with Disabilities Act, disabled individuals were added as a protected class.  It has also forced many businesses to install handicap accessible entrances to their establishment to make sure that potential customers and employees are not denied access just because they are in a wheelchair.  The act also covers those individuals who are mentally disabled.

The Age Discrimination in Employment Act (ADEA) expanded discrimination protection to people who are over 40 years of age.  These protections extend out from the workplace to also cover how various pension and benefit plans are managed.  

Under federal anti discrimination laws, the U.S. Equal Employment Opportunity Commission (EEOC) is responsible for overseeing that these laws a properly enforced.  The commission publishes guidelines to help businesses comply with the law.  They can also bring actions against employers that they believe have violated the law.  Employees that feel that they have a valid discrimination claim can file a complaint with the EEOC.  In most costs, a person must contact the EEOC within 45 days of the particular incident that motivated the complaint.

Businesses can take many steps to make sure that their employment practices do not run afoul of federal discrimination laws.  Managers should keep a detailed record of each hiring and firing decisions, listing the reason behind each decision and making sure that any action can be explained outside of a discriminatory motive.  Additionally, consultants or full time employees should be responsible for reviewing the latest federal discrimination rules and determinations and updating the company's policy to comply with them.  By taking these precautionary steps businesses can lessen their chances of a very costly lawsuits or fines.


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