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Preventing Employment Discrimination FAQ
Can I fire or discipline an employee for complaining about discrimination?
Absolutely not. Most antidiscrimination laws contain a provision that forbids employers to retaliate against employees who assert their rights to a workplace free of discrimination. Both firing and discipline constitute retaliation. To learn more about what constitutes retaliation and how to avoid it, see Preventing Retaliation Claims by Employees.
Are English-only rules legal?
It depends on the purpose and scope of the rule. An employer may be able to prohibit on-duty employees from speaking any language other than English if it can show that the rule is necessary for business reasons. If your company has an English-only rule, you must tell employees when they have to speak English (for example, whenever customers are present) and the consequences of breaking the rule.
What is age discrimination?
Age discrimination is making employment decisions based on a person's age -- or on stereotypes about youth and age. For example, if you tend to hire younger workers because you believe they are more energetic and better able to adapt to changing circumstances, that is discriminatory. Only workers who are at least 40 years old are protected from age discrimination; younger workers are not.
Are there laws that prohibit discrimination based on sexual orientation?
Fifteen states prohibit private employers from making employment decisions based on sexual orientation, as do many county and municipal governments. However, no federal law prohibits sexual orientation discrimination in private employment.
Do I have to provide the reasonable accommodation a disabled employee requests?
Not necessarily. If an employee asks for a reasonable accommodation, you are required to brainstorm with your employee about what types of changes might help the employee do his or her job. You are not required to provide the precise accommodation the employee requests, but you must work together to come up with a reasonable solution.
Do I have to give an employee time off for religious observances?
It depends on how easy or difficult it would be for you to do so. You are legally required to work with your employees to make it possible for them to practice their religion. This might include not scheduling an employee to work on an important religious holiday. However, you are not required to offer this accommodation if it would cause a hardship on your business or other workers -- for example, if it would upset your seniority system.
For information on religious discrimination and accommodations, see Religious Discrimination in the Workplace.
FAQs
- What is the National Labor Relations Act?
- What is 42 U.S.C. Section 1981?
- What is the Age Discrimination in Employment Act?
- What is the Fair Labor Standards Act?
- What is Executive Order 11246?
Employment Law and Human Resources Forms
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