Discrimination and Harassment

Since the Civil Rights Movement of the early 1960's, federal and state governments have passed a number of laws protecting employees from discrimination based on factors not directly related to the quality of an individual's work. Employers are responsible for understanding anti-discrimination regulations to ensure employees are protected from discrimination and harassment on the job. In addition, employers must keep records

What You Need to Know

The following resources provide basic information about equal employment opportunity laws and regulations applicable to the workplace.

• Overview of Anti-Discrimination Laws
  Laws prohibiting discrimination based on race, color, religion, sex, national origin, age and disability.
• Types of Employment Discrimination and Harassment
  Provides a list of guides to help business owners understand the types of discrimination covered under EEO laws.

How to Comply

All employers must follow federal and state anti-discrimination laws in the course of their daily business activities. In addition, federal law requires employers to keep personnel and payroll records for a specified period of time.

Some employers may also be required to submit an annual survey called the Equal Employment Opportunity Report (EEO-1) to the U.S. Equal Opportunity Commission. On the EEO-1 Report, employers provide a breakdown of their employees by race and gender.

The follow pages provide specific, up-to-date guidance on equal employment opportunity requirements:

• Equal Employment Guidance for Small Businesses
  Provides basic information for small businesses about the laws enforced by EEOC.
• Recordkeeping Requirements
  Provides basic information on EEOC reports and recordkeeping requirements.
• Equal Employment Opportunity Commission Poster Order Form
  This required workplace poster is available at no charge and can be ordered on-line.
• EEO-1 Survey Requirements (Standard Form 100)
  Information EEO-1 reports: who must file, how to file, when to file. Instructions for on-line filing.
• When a Charge is Filed Against My Company
  Provides a gateway to information on how to respond to EEOC if a charge of discrimination is filed against your company.
  
• Obtaining and Using Medical Information as Part of Emergency Evacuation Procedures
  Employers ask whether they may request information to help identify individuals who might need assistance because of a medical condition and whether they can share this information with others in the workplace.
  
• Fair Employment Practice Agencies : State and Local
  Provides general information about State and Local Fair Employment Practices Agencies that have work sharing relationships with EEOC.

Information for Federal Contractors

If you are an employer doing business with the federal government, there are specific non-discrimination and affirmative action regulations that apply to you. The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) oversees federal contractors to ensure compliance with these equal employment and affirmative action laws and regulations.

General Information

• Federal Contractor Compliance Advisor
  This online, interactive tool helps federal contractors and subcontractors understand basic coverage and compliance information on equal employment opportunity laws and regulations enforced by the OFCCP.
• EEO Guide for Small Businesses with Federal Contracts
  This guide is designed to give small businesses that have federal contracts or subcontracts an introduction to the basic equal employment opportunity.
• Vets-100 Annual Report to be Filed by Federal Contractors
  The Vietnam Era Veterans' Readjustment Assistance Act of 1974 requires that federal contractors report at least once annually the numbers of special disabled, Vietnam-era veterans, and other eligible veterans in their workforce by job category and hiring location and the total number of employees and the number of special disabled, Vietnam-era veterans, and other eligible veterans hired during the reporting period.

Affirmative Action Requirements

Affirmative Action is set of policies and procedures designed to promote and advanced equal employment qualified minorities, women, persons with disabilities, and covered veterans. Affirmative actions include training programs, outreach efforts, and other positive steps. Generally, private sector businesses are not required by law to implement affirmative action plans, although they are a standard practice and help to recruit a diverse workforce. However, affirmative action plans are required for anyone doing business with the federal government

For federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative action procedures should be incorporated into the company's written personnel policies. Employers with written affirmative action programs must implement them, keep them on file and update them annually. To learn more about affirmative action requirements for federal contractors, visit the following resources from the U.S. Department of Labor:

• Find It! Hiring - Affirmative Action
  Details affirmative action requirements.
• Sample Affirmative Action Program
  For federal contractors and subcontractors with fewer than 150 employees.
• Affirmative Action Fact Sheet
  Affirmative Action: Creating Economic Opportunity and Security For All Americans.
• Affirmative Action and People with Disabilities
  Explains why people with disabilities should be included in affirmative action programs and what contractors' affirmative action obligations are pertaining to outreach and recruitment of people with disabilities.
• Executive Order 11246 Fact Sheet
  EEO and Affirmative Action Guidelines for Federal Contractors Regarding Race, Color, Gender, Religion, and National Origin.
• Construction Contractors' Technical Assistance Guide
  This Technical Assistance Guide is designed to help Federal and Federally-assisted construction contractors and subcontractors comply with the Federal laws and regulations that prohibit discrimination in employment, and require that the contractors undertake affirmative action to ensure equal employment opportunity in their workforces.
• Census 2000 Special EEO File
  The Office of Federal Contract Compliance Programs (OFCCP) requires covered federal contractors and subcontractors to prepare and maintain affirmative action programs. One of the requirements of an affirmative action program is determining availability of qualified minorities or women for job openings. Contractors frequently use U.S. Census Bureau data to determine availability and OFCCP relies on Census data to assess whether a contractor's availability determination is reasonable.
• Census 2000 Special EEO File for Puerto Rico
  The Office of Federal Contract Compliance Programs (OFCCP) requires covered federal contractors and subcontractors to prepare and maintain affirmative action programs. One of the requirements of an affirmative action program is determining availability of qualified minorities or women for job openings. Contractors frequently use U.S. Census Bureau data to determine availability. OFCCP has created a separate compilation of summary data tables for Puerto Rico.