Protected classes—also known as protected characteristics—come from several federal laws, though about half are from Title VII of the Civil Rights Act of 1964. Although we’re usually talking about them with respect to employment, they may also come into play in housing, education, and public...
According to the Equal Employment Opportunity Commission (EEOC), you should count every employee who has worked for your organization during at least 20 calendar weeks in the current or previous year. Those 20 weeks don't have to be consecutive, and the individual could have worked...
You need to investigate the matter. A racially insensitive comment could be considered harassment—unwelcome behavior that’s based on a protected class such as race. Harassment becomes unlawful if putting up with it is a condition of continued employment or if the conduct is severe or pervasive...
Yes, as long as you’re not discriminating based on protected classes or characteristics, you can conduct reference checks for certain roles but not others. For example, you may decide that supervisory roles or positions with access to sensitive information warrant this additional step during the...
Age discrimination (sometimes called ageism) means treating people less favorably because of their age. In the workplace, this commonly happens when an employer favors a younger worker over an older one. In some cases, age discrimination is unlawful. If your organization has 20 or more employees...
An employee in a job that regularly requires lifting 50 pounds now says they can only regularly lift 25 because of an off-the-job injury. Can we terminate? Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees...
Yes. There are many reasons you might want or need to track exempt employee time. For example, you may opt to track an exempt employee’s hours for purposes of client billing, grant tracking, Family and Medical Leave Act (FMLA), retirement or pension plans, or hours-based...
You should avoid questions that are not job-related or that cause an applicant to tell you about their inclusion in a protected class. These would include questions about race, national origin, citizenship status, religious affiliation, disabilities, pregnancy, sexual orientation or gender identity, past illnesses (including...
October is National Disability Employment Awareness Month (NDEAM). Declared in 1988 by the United States Congress (though its roots go back to 1945 when Congress urged employment for WWII servicemembers with disabilities), NDEAM is a good occasion for us to celebrate the contributions of people with...
An adverse action is any action an employer takes that negatively affects an employee. These include discipline, termination, demotion, reduced pay, and reduced hours. In certain circumstances, a transfer or change in job duties could also be an adverse action. Adverse actions are often warranted. Employees,...