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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.

 

 

Growing Legal Considerations Facing Small Businesses in the Phoenix Metro Area

Small Businesses across the country face increasing legal challenges because of quickly and ever transforming economic and technical environments.  Owners and operators have a growing slate of issues to consider and decisions to make so that risks are reduced and eliminated.

The Internet and Social Media present new and special concerns with customers and competitors involving privacy, content propriety, copy-write infringements, communications, and reputation matters.  This topic also involves issues relative to employees and their use of social media sites, email, cell phones and computers.

Employment claims of all kinds are on the rise and even many long established small businesses find themselves in the position to respond to such charges for the first time.  Some of these charges include libel, workers compensation, sexual and age discrimination, wrongful termination and race discrimination.

Privacy and Security matters with customer information and computer data pose additional challenges to businesses in that passwords and security information must be constantly monitored.  Privacy matters involving employees is also a growing legal issue especially with respect to drug use and divulgence of health conditions.

Andrew P. Boorse, Attorney at Law with small business experience can assist small businesses with all of these pertinent legal matters, and more.

 

Hiring a Lawyer for your Phoenix Area Small Business

If you are a business owner, there will come a time when you need the services of a lawyer.  It makes more sense to develop a relationship with an attorney that you trust, connect with, and who will help you and your business grow, BEFORE you find yourself in the middle of a real legal crisis.  Begin your attorney search when you need council for GENERAL matters because it will give you the opportunity to access lawyers in a low stress situation.  Andrew P. Boorse is a Chandler Attorney specializing in Small Business legal services.

General Matters for Legal Guidance

Organizational Structure – how to establish your business, i.e., S Corporation, LLC, Not for  Profit, etc.  Also includes proper registration with state and federal I.D. numbers for  taxes and transactions.

Contracts – creation and review of documents with vendors, landlords, customers and  employees.

Risk Management & Insurance – assistance with risk assessments for liability and review of  policies, exclusions and addendums.

Real Estate – negotiations, transactional paperwork, easements, and leases can become very complex, depending on the other parties involved.

Internet, Social Media and Technology – privacy statements, terms of use, employee use   matters, data collection issues, and capture of financial information.

Intellectual Property – lawyers can assist with copyright and trademark protection with company products and creative property.

Employment Law – help with establishing or reviewing proper hiring and employment policies     can be provided by small business attorneys.  Additionally, an attorney can provide council to help avoid workers compensation problems and state and local EEOC matters.

How to Evaluate an Attorney

Experience – finding a lawyer who has worked in and with businesses is a critical factor in choosing an attorney for your own business.

Interpersonal Skills – look for the basics; great eye contact, active listening skills, uninterrupted attention, a firm hand shake, and a personality that suits you and your business.

Communication – consider the attorney’s initial response to your call, the timeliness of completing requests and subsequent follow up encounters, especially keeping you  informed of progress with a project.

Firm Size – decide if you are more comfortable dealing directly with an attorney –probably a smaller firm, or accepting of working through a staff of paralegals and secretaries.

 

 

Andrew P. Boorse understands small businesses, and has first-hand experience dealing with the spectrum of challenges and needs facing small businesses.   Attorney Boorse is dedicated to providing legal services to the Phoenix Metro Small Business Community.

 

 

 

 

Starting And Running A Small Business In Maricopa County, AZ

Chandler, AZ -Businesses of all sizes need legal guidance at some point and attorneys can actually add value to small businesses because beginning your business properly can help avoid problems and headaches down the road. Protect your business and yourself by getting experienced and trusted advice from a legal professional.  Following are a few basic instances where businesses benefit from hiring an attorney.

Business Structure – a lawyer can assist you in correctly establishing your new business, or making changes to your existing business structure is important for legal issues relating to government compliance, taxes and growth.  Corporation, Not for Profit, LLC, S Corporation, Partnership, Sole Proprietorship, etc.  Take the time to find the right strategy for you and your business.

Company Products and Services –  an attorney can help you to protect your company intellectual property and assist with non-compete agreements for certain employees or contractors.

Employment Law – establishing employment policies and procedures for hiring. training. counseling and termination is an essential area for you to obtain legal guidance.  Properly navigating government oversight with respect to state and federal statutes for unemployment compensation, workers compensation, sexual harassment, etc.  is important.

Internet/Electronic Device Considerations – legal assistance will reduce your risks and liabilities with respect to the internet for your company website, facebook page, twitter account and others by crafting the proper privacy statements, waivers and liability protection.  Reducing your risks with respect to proper customer and employee contact and use of electronic communications is a challenging and ever changing legal matter.

In General – rent and real estate agreements and transactions can be confusing and overwhelming tasks to handle on your own, especially when you are overseeing day to day business operations.  Personal legal paperwork and matters such as wills, trusts and probate also take your valuable time.

The legal firm of A.P. BOORSE PLLC, located in Chandler, AZ is prepared to give you the trusted and experienced legal advice and guidance that you need to accomplish your business and personal goals.  Protect yourself and your business today – use a professional attorney.  A.P. BOORSE PLLC, serves the needs of businesses and individuals in Maricopa County – from Gilbert to Cave Creek and everything in between.