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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.

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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.

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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.

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