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EEOC

What Employees and Business Owners Should Know About the EEOC

Chandler, AZ –   In the Employment Law sector, it is important for Businesses and Employees to have a general understanding of the EEOC  and what is necessary to effectively initiate, defend and prevent work place discrimination claims.

The EEOC or Equal Employment Opportunity Commission enforces Federal Laws pertaining to discrimination against job applicants or employees based on race, color, religion, sex, national origin, age(40 plus) disability or genetic information.   Additionally, the Commission handles complaints if an employer discriminates or retaliates against an employee because that employee participated in filing a charge, participated in a discrimination investigation or participated in a discrimination lawsuit.

The EEOC and the Federal laws the Commission enforce apply generally to Employers with at least 15 employees or at least 20 employees in Age discrimination scenarios.   Furthermore, Labor Unions and employment agencies also fall under the scope of the EEOC.

The EEOC filing process is important to understand because the filing of a complaint and obtaining a “Right to Sue Letter” is an essential step any Employee must take in order to proceed against and Employer for discrimination related claims.

Discrimination in the workplace can occur both in the hiring process and during time working for an individual employer.  It is important to contact an Employment Law Attorney like Andrew P. Boorse, Esq.  to determine if discrimination has taken place, what your individual rights are and how to proceed through the process of filing claims.

Additionally, if you are an Employer and are currently the subject of EEOC claims A.P. BOORSE PLLC is at your service with a track record of successful dismissals of Discrimination claims.  The firm can also review all internal policies to ensure compliance with the law and avoid potential claims for occurring.

 

The most Common areas in which Discrimination takes place include:

1. Job Advertisements & Recruitment

An Employer may not post a job advertisement which show preference to a protected segment as described about nor recruit employees in a way that discriminates.

2. Application & Hiring

An Employer may not discriminate against an applicant, make hiring decisions based on suspect or discriminatory preferences or deny reasonable and not exceedingly costly accommodations to applicants with disabilities

3. Job Assignments & Promotions

An Employer may not make promotion or assignment decisions based on discriminatory biases nor may a required test exclude persons based on discriminatory biases.

4. Pay & Benefits

An Employer may not make payment of wages or benefits based on discriminatory practices

5. Discipline & Discharge

An Employer may not discipline or discharge an employee based on discriminatory choices nor may the recall employees based on discriminatory standards.

6. Reasonable Accommodation Disability& Religion

An Employer must provide a reasonable accommodation for any employee or applicant who has a disability or has religious restrictions or duties; unless the cost of doing so is significantly expensive.

7. Harassment

An Employer may not harass an employee for a discriminator y reason nor if that person has complained about discrimination

8. Pre-Employment Inquiries (General)

Generally an Employer may not ask about disabilities or race, sex, national origin, age, and religion in the pre-employment process, unless there is a justifiable and specific business purpose for doing so.   This includes questions about originations and clubs which the applicant belongs and may indicate information about the applicant. Nor should an Employer ask for a photograph of an Employee in pre-employment questioning.

9. Dress Code

An Employer may establish a dress code which applies to all employees within a similar job category however the employer may not have a dress code which treats some persons differently than others, conflicts with religious practices and an employee has asked for an accommodation, or a disabled employee asks for an accommodation which does not create an undue hardship to the employer

10. Constructive Discharge/Forced To Resign

The EEOC also covers situations in which an employee is essentially forced to quit because a work environment is intolerable and a reasonable person would be unable to stay in that environment.