Employment Law: Anti-Discrimination Laws in the Workplace: A Quick Guide from Charles Spinelli

Posted by Robert Kill

Discrimination in the workplace can diminish the spirit of workers with some loss of productivity and may even threaten the organization’s reputation. According to Charles Spinelli, anti-discrimination laws aim to protect workers from any unfair treatment, so-called due to protected characteristics. Employers need to be conversant with these laws to remain compliant and create an inclusive work environment.

What is workplace discrimination?

Discrimination in the workplace is meant to describe treating applicants or employees unjustly on any grounds, such as race, sex, age, religion, disability, sexual orientation, or marital status. The US strictly prohibits employers from discriminating against employees or job applicants by imposing anti-discrimination laws to protect employees from becoming the victim of biased treatment based on their protected characteristics.

Employers need to be well-aware of these laws and stay compliant, and promote an inclusive and impartial work environment. The discrimination may take place through the process of employment, being offered a promotion, pay, training, or even termination.

Key Anti-Discrimination Laws in the U.S.

A number of federal laws are mandated by the Equal Employment Opportunity Commission (EEOC) to govern workplace discrimination:

  1. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin.
  2. Equal Pay Act of 1963 (EPA) – requires men and women to receive equal pay for equal work in the same workplace.
  3. Age Discrimination in Employment Act of 1967 (ADEA) – protects employees and applicants aged 40 and older from discrimination due to age.
  4. Americans with Disabilities Act of 1990 (ADA) – Discrimination in any form, be it harassment or declining to hire qualified individuals with disabilities, and mandates reasonable accommodations in the workplace.
  5. Genetic Information Non-discrimination Act of 2008 (GINA) – prohibits discrimination based upon genetic information.
  6. Pregnancy Discrimination Act of 1978 – Discrimination is prohibited based on pregnancy, childbirth, or related medical conditions.

According to Charles Spinelli, in addition to federal statutes, there can be state laws that prohibit discrimination and which may provide broader protections.

Employer Responsibilities

U.S. employers must:

  1. Develop clear policies on anti-discrimination and harassment in the workplace.
  2. Conduct training programs on diversity, inclusion, and harassment prevention.
  3. It should have a complaint and investigation procedure in place where all the processes are confidential and fair.
  4. Ensure reasonable adjustments (accommodation) for employees with disabilities and those with religious beliefs.
  5. Ensure that hiring and promotion policies are consistent and free of bias.

Types of Discrimination

  • When a qualified applicant is denied employment because of their race or sexual orientation.
  • When a company pays female employees less than males for the same work.
  • Failing to provide reasonable accommodations to employees with disabilities.
  • Firing or penalizing an employee who reports discrimination.

Penalties for Non-Compliance

Employers who violate federal or state laws prohibiting discrimination can face the following consequences:

  • Back pay, front pay, and compensatory monetary awards.
  • Willful actions attract punitive damages.
  • The remedial measures that need to be taken by the company may include policy changes.
  • Loss of reputation and employee confidence.

Fostering an Inclusive Workplace

Moreover, independent of the requirements of law, employers need to cultivate a work culture that respects and appreciates diversity.

  • Search for talent widely to ensure that the hiring is diverse.
  • Establish employee resource groups (ERGs) and other support systems.
  • Regularly audit pay, promotions, and training opportunities.
  • Foster a culture where employees feel free to air their views and suggestions.

The primary goal of anti-discrimination laws in the United States is to ensure the workplace’s respect, fairness, and productivity. Employers can minimize the risk of legal action and develop a more engaged and inclusive workforce by learning about these laws and respecting them.