employer practices that will get you in trouble
DESCRIPTION
"How many kids do you have? Where does your husband work? When meeting someone new, these are harmless questions that help us get to know the other person. If you’re interviewing a job applicant, though, these questions could get you in trouble. "TRANSCRIPT
Easy Small Business HR 1
Employer Practices
That Will Get You in Trouble
Special Report From: EasySmallBusinessHR.com
How many kids do you have?
Where does your husband work?
When meeting someone new, these are harmless questions that
help us get to know the other person. If you’re interviewing a job
applicant, though, these questions could get you in trouble.
When it comes to employer responsibilities, and employee laws,
knowing which practices or policies will get your business into hot
water with the Equal Employment Opportunity Commission is a
necessity.
Easy Small Business HR 2
Here’s the business owner’s guide to Employer Best Practices:
What is the Equal Employment Opportunity Commission (EEOC)?
It’s the government agency that enforces federal laws regarding
discrimination, disability, genetic information, etc. The group
assesses allegations against employers, makes findings, and, if
necessary, settles charges. The EEOC can also file lawsuits against
employers they believe have violated the law.
Here’s a summary of common illegal employment practices:
Discrimination
Federal law prohibits discrimination against an applicant or
employee “because of that person's race, color, religion, sex
(including pregnancy), national origin, age (40 or older), disability
or genetic information.”
In addition, employers may not retaliate against a person because
they complain about discrimination, file a charge, or participate in
a discrimination lawsuit or investigation.
It’s one of the critical responsibilities of employers to avoid
discrimination in every aspect of hiring and employment, including
training, discipline, employment references, pay and benefits, etc.
Easy Small Business HR 3
Hiring Practices
A comprehensive interview provides important insight into a
potential employee. The challenge is that some questions are
typically irrelevant to determining if a person is the right fit for a
position.
For example, employers may not ask applicants about marital
status or what church they attend. There are exceptions, called
bona fide occupational qualifications (BFOQ), but in most sectors
those won’t apply—so be sure to identify and implement your
employer responsibilities regarding the interview process.
Dress Code Policies
Employers are allowed to implement a dress code that covers all
employees or employees who occupy a certain job category, even
if the dress code conflicts with a worker’s beliefs or practices.
However, a dress code can’t treat an employee differently strictly
because of their national origin.
Accommodation & Disability
As an employer, you’re legally obligated to provide reasonable
accommodation to employees or applicants with disabilities unless
doing so incurs significant expense or difficulty. For instance, it
may be an employer responsibility to provide a ramp for a staff
member who uses a wheelchair.
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Avoid expensive litigation and headache-inducing investigations.
Educate yourself on the various employer laws that you will be
held accountable for knowing. Provide guidance for your
managers about employer responsibility regarding the illegal
employment practices that will get you into trouble. Start
reviewing the full list of regulations by visiting the Equal
Employment Opportunity Commission’s Prohibited Employment
Policies/Practices page. It's worth emphasizing that not knowing
about the employee laws that affect your management decisions
could lead to difficult times ahead for your business.