In the 2008 fiscal year, the U.S. Equal Employment Opportunity Commission (EEOC) received 95,402 job discrimination complaints in the United States, the highest number since the passage of the Civil Rights Act in 1964, according to a 2009 article in Inc. magazine. Discrimination and prejudice in the workplace are serious offenses that could result in severe penalties. As such, small-business owners should be proactive by taking action in addition to alerting employees about the company position on prejudice and discrimination in the workplace.
The United States has a poor history of discriminatory practices in the workplace. Until 1865, business owners were permitted to use slaves to operate their business. Until the mid-20th century, there were almost no laws preventing harassment and prejudice in the workplace, according to course materials at the California State University, Sacramento.
An employer discriminates against an employee when he judges that employee based on a particular protected characteristic and uses that as a basis to deny that person employment or benefits, such as a promotion or raise, or simply harass them, according to FindLaw. Discrimination based on race or gender are the most obvious prejudices, but you also discriminate when you deny someone a job or fire them because of their age, nation of origin, religious preferences and sexual orientation.
One of the most important anti-discrimination laws, the Civil Rights Act of 1964 outlawed discrimination against people based on their race, gender, creed or origin in public venues, according to the U.S. Small Business Administration. Another important law, the Age Discrimination in Employment Act of 1967, makes it illegal for employers to discriminate against people over the age of 40 in hiring, firing, promoting or offering other employment privileges. The passage of the Americans with Disabilities Act in 1990 made it a crime to discriminate against those with disabilities, such as an illness or condition that prevents a major life function, in the workplace.
An employee who claims workplace discrimination can file a complaint with the EEOC, which conducts an investigation. Employers found guilty of workplace discrimination and prejudice must reimburse victims for whatever benefits they were denied, such as a promotion, back pay and getting their job back if they were fired, according to the U.S. Equal Employment Opportunity Commission. Victims may even sue the employer for pain and suffering for up to $300,000, according to All Business.
Employers should require all employees to read the company policy on discrimination and make sure company policy falls in line with federal and state anti-discrimination laws, according to the human resources website, HR Tools. Small-business owners must act swiftly to investigate any allegations of discrimination by an employee. If an investigation finds a valid claim, the business owner must reprimand, terminate or provide training for the accused employee.
- "Inc.": Skyrocketing Job Bias Claims
- California State University, Sacramento: Is Affirmative Action Fair?
- FindLaw: Discrimination and Harassment
- U.S. Equal Employment Opportunity Commission: Federal Laws Prohibiting Job Discrimination Questions And Answers
- All Business: Understanding Workplace Discrimination
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