By Peter G. Christian |
Most people understand that employees in American workplaces are protected by employment discrimination laws that prohibit discrimination based on protected statuses such as race, gender, sexual orientation, religion, national origin, disability, and age. What isn’t so commonly understood is that many of these laws weren’t designed to treat all businesses equally. The rights afforded to American workers often depend on the size of their employer. Given that the United States Census Bureau estimates that 89% of all American businesses have less than 20 workers, it’s important for employees to understand how discrimination laws apply to small businesses.
Many Federal Employment Discrimination Laws Apply Only to Larger Businesses
Title VII of the Civil Rights Act (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) are three of the most significant federal discrimination laws. They are enforceable in every state and together make it unlawful for an employer to discriminate on the basis of race, color, religion, sex, national origin, disability, and age (over 40 years old). They provide robust remedies and clear standards of proof.
However, these laws are not applicable to all businesses. Title VII and the ADA apply only to employers with 15 or more employees, while the ADEA applies only to employers with 20 or more employees.
Small business employees aren’t left completely unprotected under federal law, however. Filling the void left by the size requirements under federal employment discrimination laws are broad prohibitions against discrimination. Though less commonly litigated, laws such as Sections 1981 and 1983 of the Civil Rights Act of 1991 prohibit discrimination in specific areas applicable to the employment setting. These laws have no employer size requirements.
Minnesota Provides Broad Prohibitions Against Employment Discrimination Applicable to All Businesses
Employees of Minnesota businesses have much broader protections against employment discrimination than businesses in other states protected only by federal law. The Minnesota Human Rights Act (MHRA) prohibits discrimination on the basis of race, color, creed, religion, national origin, sex, marital status, public assistance status, disability, sexual orientation, and age.
The MHRA applies to a much broader range of employers – specifically, employers with one or more employees. Accordingly, for the most part, employees in Minnesota don’t have to worry about the size of their employer when it comes to enforcing their right to a discrimination-free workplace.
Peter G. Christian protects the rights of people in their workplaces. As an employment litigator, Peter advocates for a wide range of employees – from top level executives to blue collar laborers. If you need an employment discrimination attorney, contact Peter today.