Employment Discrimination and Harassment

Since the Civil Rights Movement of the early 1960s, 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. As an employer, you are responsible for understanding anti-discrimination regulations to ensure employees are protected from discrimination and harassment on the job. In addition, you must keep records about these matters.

What You Need to Know

View the resources below to learn about the laws, enforcement practices, and how to comply.

Provides information on laws enforced by the Equal Employment Opportunity Commission (EEOC) that prohibit discrimination based on race, color, religion, sex, national origin, age and disability.  Learn how to report discrimination or file a Charge of Discrimination against an employer.

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 following pages provide specific and current guidance on equal employment opportunity requirements:

Provides basic information for small businesses about the laws enforced by EEOC.

Offers basic information on EEOC reports and record-keeping requirements.

Enables businesses to order the required workplace poster at no charge. This can be ordered online.

Covers information on EEO-1 reports: who must file, how to file, when to file. Instructions are provided for online filing.

Provides a gateway to information about how to respond to EEOC if a charge of discrimination is filed against your company.

Gives instructions on how to ask whether employers 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.

Offers general information about state and local Fair Employment Practices Agencies (FEPA) that have work-sharing relationships with EEOC. To determine if there is a FEPA in your area, find your nearest EEOC field office.

EEO Training and Assistance

Have a question? Talk to someone at the Equal Employment Opportunity Commission.

Lists contact information for employers needing assistance.

Offers fee-based courses to help employers understand, prevent and correct discrimination in the workplace.

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) is responsible for overseeing federal contractors to ensure compliance with these equal employment and Affirmative Action laws and regulations.

Affirmative Action Requirements

Affirmative Action is a set of policies and procedures designed to promote and advance equal employment of 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:

Details affirmative action requirements.

Offers an affirmative action program for federal contractors and subcontractors with fewer than 150 employees.

Provides a fact sheet: Affirmative Action: Creating Economic Opportunity and Security For All Americans.

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.

Offers EEO and Affirmative Action Guidelines for Federal Contractors Regarding Race, Color, Gender, Religion, and National Origin.

Provides a guide 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.

Explains how covered federal contractors and subcontractors should prepare and maintain affirmative action programs that are mandated by the Office of Federal Contract Compliance Programs (OFCCP). 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.

Details how covered federal contractors and subcontractors should prepare and maintain affirmative action programs that are mandated by the Office of Federal Contract Compliance Programs (OFCCP). 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.

 


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