Resources

U.S. Equal Employment Opportunity Commission Human Resources

Frequently Asked Questions about EEOC

1. Do the federal employment discrimination laws enforced by EEOC apply to my business?

It depends on how many employees your business has:

• If you have at least one employee: You are covered by the law that requires employers to provide equal pay for equal work to male and female employees.
• If you have 15 to 19 employees: You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability and genetic information (including family medical history). You are also covered by the law that requires employers to provide equal pay for equal work.
• If you have 20 or more employees: You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history). You are also covered by the law that requires employers to provide equal pay for equal work.

State and/or local employment discrimination laws may also apply to your business. State and local government websites may have information about these laws.

2. What are my responsibilities under federal employment discrimination laws?

If federal employment discrimination laws apply to your business:

• You must provide equal pay to male and female employees who perform the same work unless you can justify a pay difference under the law.
• You cannot discriminate against or harass applicants, employees or former employees because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability or genetic information (including family medical history).
• You cannot use employment policies or practices that have a negative effect on applicants or employees of a particular race, color, religion, sex or national origin or applicants or employees with disabilities unless the policies or practices are related to the job and necessary for the operation of your business.
• You cannot use employment policies or practices that have a negative effect on applicants or employees who are 40 or older unless the policies or practices are based on a reasonable factor other than age.
• You may be required to provide reasonable accommodations (changes to the way things are normally done at work) because of an applicant's or employee's religious beliefs or disability.
• In general, you cannot request medical or genetic information from applicants. You may request medical or genetic information from employees only in limited circumstances. If you legally obtain medical or genetic information, you must keep it confidential, with very limited exceptions, and in a separate medical file.
• You cannot retaliate against (punish) an applicant, employee or former employee for reporting discrimination, participating in a discrimination investigation or lawsuit or opposing discrimination (for example, threatening to file a charge or complaint of discrimination).
• You must display a poster at your business that describes the federal employment discrimination laws.
• You must retain any employment records, such as applications, personnel records and payroll records, as required by law.
• If you have at least 100 employees or if you are a federal contractor with at least 50 employees and at least $50,000 in government contracts:
• You must report data about the ethnicity, race and gender of your workforce to the government.

You may have additional responsibilities under federal, state and local laws. Federal, state and local government websites may have additional information about these laws.

3. Who is protected from employment discrimination?

Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
Applicants, employees and former employees are also protected from retaliation (punishment) for filing a charge or complaint of discrimination, participating in a discrimination investigation or lawsuit, or opposing discrimination (for example, threatening to file a charge or complaint of discrimination).

4. How can I prevent harassment?

You can prevent harassment by:

• Informing employees that harassment is prohibited;
• Identifying who employees should contact to discuss harassment questions or concerns;
• Assuring employees that they will not be punished for asking questions or sharing their concerns;
• Responding to harassment questions or concerns and investigating harassment complaints promptly and effectively; and
• Ensuring that managers understand their responsibility to stop, address and prevent harassment.

5. What should I do if an applicant or employee asks for breaks, leave or other changes to a work situation because of his medical condition or his religious beliefs?

We refer to these types of requests as requests for "reasonable accommodation." In general, you are required to provide reasonable accommodations (changes to the way things are normally done at work) to applicants and employees who need them for medical or religious reasons.*

However: You are not required to provide a disability accommodation that would require:

• Incurring significant difficulty or expense;
• Changing the fundamental duties of the job;
• Lowering production or performance standards; or
• Tolerating misconduct.
• You are not required to provide a religious accommodation that would pose more than a minimal cost or burden.

To ensure that accommodation requests are handled properly and to prevent complaints:

• Consider developing a process to handle accommodation requests that encourages discussion with employees about what is needed;
• Ensure that managers know how to identify and respond to accommodation requests;
• Determine whether you can provide temporary accommodation(s) if the agreed-upon accommodation cannot be provided immediately; and
• If you cannot provide the employee's preferred accommodation, determine whether you can provide an alternative accommodation and explain why the preferred accommodation was not provided
  * Federal, state and local laws may require you to provide reasonable accommodations for other reasons. Federal, state and local government websites may have additional information about these laws.

6. How can I avoid breaking the law when I discipline or fire an employee?

Unfortunately, it may be necessary for you to discipline or terminate an employee. There are many reasons why this action may be justified. Even so, it is possible that taking disciplinary action may result in a discrimination charge or complaint.

Ensuring that managers involved in discipline or termination decisions understand their responsibilities may help prevent discrimination.

• Ensure that disciplinary and termination decisions are not based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history).
• Ensure that disciplinary and termination decisions are not based on an employee's decision to report discrimination, participate in a discrimination investigation or lawsuit, or oppose discrimination (for example, threatening to file a discrimination complaint).
• Ensure that the decision to discipline or fire the employee is consistent with your discipline policy, or that you can justify treating the employee differently.
• For example, your discipline policy may state that employees who are absent from work without authorization for three days will receive a warning. You may decide to waive the warning for an otherwise reliable employee who missed three days of work because of an unexpected family emergency.
• Consider documenting the reason(s) for the discipline or termination. This may help you defend your business if a discrimination charge or complaint is filed.
• To prevent misunderstandings, it may be helpful to explain the reason(s) for the discipline or termination decision to the employee.
• Respond promptly and effectively to discrimination complaints regarding disciplinary action.
• Retain any disciplinary records as required by law. If an EEOC charge of discrimination is filed, keep relevant records until the charge is resolved.

7. What is retaliation and how can I prevent it?

Retaliation occurs when employers treat applicants, employees or former employees, or people closely associated with these individuals, less favorably for:

• reporting discrimination;
• participating in a discrimination investigation or lawsuit (for example, serving as a witness), or;
• opposing discrimination (for example, threatening to file a charge or complaint of discrimination).

For example, it is illegal to fire an employee because she filed a charge of discrimination with the EEOC. This is true even if the EEOC concludes that the charge of discrimination does not have merit.

Retaliation is not only illegal, it's also bad for business. It is in your best interest for employees to feel comfortable reporting discrimination to you so you can investigate and address any conduct that violates the law or your company's policies.

To help prevent retaliation:

• Inform employees that retaliation is prohibited;
• Assure employees that they will not be punished for taking actions that are protected by law;
• Respond to discrimination questions, concerns and complaints promptly and effectively;
• Ensure that managers understand their responsibility to stop, address and prevent retaliation; and
• Hold employees accountable for complying with and enforcing your discrimination rules and policies.

8. What should I do if I receive an EEOC charge of discrimination?

• Review the charge notice carefully. The EEOC "Notice of a Charge of Discrimination" informs you that a complaint (a "charge of discrimination" or a "charge") has been filed against your business. It does not mean that you have violated the laws that the EEOC enforces. A charge is a complaint of discrimination, not a determination that discrimination has occurred.
• Follow the directions on the EEOC charge notice. The notice may ask you to provide a response to the charge (a "position statement" ). This is your opportunity to explain why the claims in the charge are incorrect or not illegal. You are not required to hire a lawyer to help you draft a position statement or otherwise respond to a charge of discrimination. However, at any point in the EEOC charge process, you may do so, if you would like.
• Consider EEOC mediation to resolve the charge quickly and confidentially, at no cost.
• Respond to requests for additional information from the EEOC, even if you believe that the charge is frivolous. The EEOC investigator may request documents, interviews, a conference or an on-site inspection. The information you provide may cause us to dismiss the charge. If you need additional time to respond, or if you have questions or concerns about the type or amount of information that the EEOC has requested, contact the investigator assigned to the charge. The EEOC may grant you an extension or modify the information request, depending on the circumstances.
• Protect employees from retaliation. Ensure that the employee is not punished for filing the charge, and ensure that employees are not punished for participating in an investigation. Retaliation is illegal, even if the EEOC concludes that the charge of discrimination does not have merit.
• Retain relevant documents. If you are not sure whether a document is relevant, ask your investigator.
• Contact the EEOC investigator assigned to your charge if you have questions.

9. How can the EEOC's mediation program help me resolve a charge of discrimination?

Mediation is a free, voluntary, informal process for you to resolve disputes with the help of a neutral mediator.

Participation in mediation is not an admission of guilt. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps you and the person who filed the charge develop your own solution. There are many benefits of mediation:

• It is free.
• It is confidential. Information disclosed in mediation will not be shared with anyone, including EEOC investigators and lawyers, and will not be used against you by EEOC.
• It can save you time and money. Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. If successful, the charge is resolved and you avoid potentially lengthy, uncertain and expensive litigation.
• It allows you to design your own solution. You and the employee determine how to resolve the issue in a mutually acceptable way.

Source:https://www.eeoc.gov/employers/smallbusiness/faq/