Chapter 6
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY LAWS
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Summary
- Federal equal employment opportunity laws prohibit discrimination by employers against applicants or employees because of race, color, religion, sex, national origin, age, citizenship status, or disability.
- These laws generally cover employers with 15 or more employees, except in the case of race-related issues, where a post-Civil War statute covers all employers, and sex-related pay claims.
- Employers need not intend to discriminate to violate many of the federal equal employment laws. Employers also have a responsibility to prevent a hostile work environment against individuals within a protected category.
- Employers should emphasize their commitment to complying with the applicable equal employment laws and to removing artificial or unnecessary barriers to employment of protected group members.
- Employers are encouraged to develop policies and grievance procedures that can promptly address and correct a hostile work environment created by supervisors or co-employees.
- Employers are also encouraged to maintain a well-defined performance appraisal form and system to improve personnel selection and promotion decisions and hopefully avoid wrongful discharge claims and employment discrimination claims.
- Employers are expected to post notices in the workplace of the employee's rights under many federal equal employment opportunity laws. Several laws also provide record-keeping requirements and, for larger employers, reporting requirements.