Monster Media 1996 #14/Monster Media No. 14 (April 1996) (Monster Media, Inc.).ISO/business/sba961.zip/F248.SBE

Text File | 1996-01-01 | 11KB | 229 lines

@108 CHAP 5

        ┌───────────────────────────────────────────────┐
        │ FAIR EMPLOYMENT LAWS AFFECTING SMALL BUSINESS │
        └───────────────────────────────────────────────┘

As an employer, you need to be alert to your obligations
under a number of federal and state laws that prohibit dis-
crimination in employment on the basis of sex, age, race,
color, national origin, religion, or on account of mental
or physical handicaps.  These anti-discrimination laws are
not just limited to hiring practices, but relate to almost
every aspect of the relationship between employer and em-
ployee, including compensation, promotions, type of work
assigned and working conditions.

In addition to outlawing discrimination in employment, com-
panies contracting for business with the federal government
are generally required to adopt affirmative action programs
in employment of minorities, women, the handicapped, and
Vietnam veterans.  Affirmative action programs (actively
seeking to hire persons from those groups) are not general-
ly required if your firm is not a government contractor.

Federal anti-discrimination requirements that you should
take note of as a small business owner are summarized brief-
ly below.

    . EMPLOYERS SUBJECT TO FEDERAL ANTI-DISCRIMINATION
      LAWS.  The federal anti-discrimination laws (other
      than the requirement that women receive equal pay
      for equal work, as compared to men) generally do
      not apply to small firms with less than 15 emplo-
      yees, unless they work on government contracts or
      subcontracts.  The various major federal enactments
      include:

____________________________________________________________

NAME OF LAW         EMPLOYERS WHO            WHAT THE LAW
                     ARE COVERED               REQUIRES
____________________________________________________________
Civil Rights Act   All employers.         No discrimination
of 1966                                   based on race or
                                          national origin

Uniformed Service  All employers.         No discrimination
Reemployment                              against any person
Rights Act                                on account of ser-
of 1994                                   vice in military.
                                          Required to re-
                                          employ after up to
                                          5 year absence for
                                          military service.

Title VII of the   Employers with 15 or   No discrimination
Civil Rights Act   more employees during  in employment
of 1964            20 weeks of a calen-   practices based
                   dar year.              on race, religion
                                          or national origin

Pregnancy          Same as for Title VII  Equal treatment
Discrimination     above.                 for pregnant women
Act                                       and new mothers for
                                          employment-related
                                          purpose, including
                                          fringe benefits.

Executive Order    Employers with         No discrimination
11246 as amended   federal contracts or   in employment
                   sub-contracts of       practices based on
                   $10,000 or more.       race, sex, color,
                                          religion or na-
                                          tional origin.

Equal Pay Act      Nearly all employers   Equal pay for
of 1963            with two or more       women.
                   employees.

Age Discrimination Employers with 20 or   No discrimination
in Employment      more employees, 20     in hiring or fir-
Act of 1967        or more weeks in a     ing on account of
                   calendar year.         age, for persons
                                          age 40 or older.

Rehabilitation     Employers with         No discrimination
Act of 1973        federal contracts of   in employment prac-
                   $2,500 or more.        tices on account
                                          of mental health
                                          or physical handi-
                                          caps.

Vietnam Era        Employers with         Affirmative action
Veteran Readjust-  federal contracts      programs for cer-
ment Assistance    or subcontracts of     tain disabled vets.
Act of 1974        $10,000 or more.

Veterans Re-       All employers          No discrimination on
employment Rights                         account of military
Act of 1994                               service; must provide
                                          certain benefits
                                          during absence;
                                          reemployment re-
                                          quired after periods
                                          of military service
                                          of up to five years.
____________________________________________________________

  . FORMAL COMPLIANCE REQUIREMENTS.  There is very little
    in the way of filling out forms and other paperwork re-
    quired of small businesses in connection with the fed-
    eral laws against job discrimination.  However, if you
    are subject to any of the above laws, there are govern-
    ment posters for each that you must obtain and post in
    your workplace.  Also, an employer with more than 100
    employees must file Form EEO-1 with the Equal Employ-
    ment Opportunity Commission each year.

@IF099xx]    NOTE REGARDING @NAME:
@IF099xx]    --------------------------------------------------------
@IF099xx]    Since you have only @EMP employees, your firm is not re-
@IF099xx]    quired to file Form EEO-1.
@IF099xx]    --------------------------------------------------------
@IF099xx]
@IF100xx]    NOTE REGARDING @NAME:
@IF100xx]    --------------------------------------------------------
@IF100xx]    Because your firm has @EMP employees, it is required to
@IF100xx]    file Form EEO-1 annually.
@IF100xx]    --------------------------------------------------------
@IF100xx]
  . KEEPING RECORDS.  In addition, as an employer you are
    required to keep detailed records (and should anyway,
    for your own protection) as to reasons for hiring or
    not hiring, promoting or not promoting, any employee
    or job applicant, in the event it is ever necessary
    to demonstrate that your firm has not discriminated
    against any group or individual member of a particu-
    lar group in violation of federal or state laws.

@CODE: CA HI RI MA WS
@CODE:NF
@CODE:OF
@CODE: CA
  . CALIFORNIA REQUIREMENTS.  California has state anti-
    discrimination laws that are even more wide-reaching
    than the federal laws, including local ordinances in
    some communities, such as "gay rights" provisions
    adopted in San Francisco, prohibiting discrimination
    based on sexual preference.

    California's fair employment laws apply to any employer
    that regularly employs 5 or more persons, making it il-
    legal for an employer to discriminate because of race,
    color, religious creed, national origin, ancestry, phys-
    ical handicap, medical condition, marital status, or
    sex.  Sexual harassment is prohibited as a discrimina-
    tory practice under state law.

@IF009xx]    NOTE REGARDING @NAME:
@IF009xx]    -------------------------------------------------------
@IF009xx]    Because your business does not have 5 or more employees,
@IF009xx]    you are not currently subject to the general provisions
@IF009xx]    of the California fair employment laws.
@IF009xx]
@IF009xx]    (@NAME has @EMP employees.)
@IF009xx]    -------------------------------------------------------
@IF009xx]
@IF005xx]    (NOTE:  Your firm is subject to the California fair em-
@IF005xx]    ployment rules because the number of workers employed by
@IF005xx]    @NAME is:  @EMP.)
@IF005xx]
    California has also adopted an age discrimination
    law, similar to the federal law, which prohibits age
    discrimination in employment against persons over 40
    years old.  Employees are entitled to 4 months pregnan-
    cy leave under California law, and under the recent
    Family Rights Act of 1991, may also take an additional
    month to care for a newborn child.

    In addition, both Los Angeles and San Francisco have
    enacted ordinances that prohibit discrimination against
    persons with AIDS, in employment situations and other-
    wise.  (Los Angeles Ordinance #160289 and San Francisco
    Ordinance #49985)

@CODE:OF
@CODE: HI
  . HAWAII REQUIREMENTS.  Hawaii has its own state laws pro-
    hibiting discrimination in employment on account of
    race, sex, age, religion, color, ancestry, handicapped
    status, marital status, or arrest and court record.
    Likewise, Hawaii employers cannot deny re-employment or
    otherwise discriminate against an employee because the
    employee participated in ordered national guard ser-
    vice, and cannot legally discharge or refuse to hire an
    employee because the employee's income has been as-
    signed for child support obligations.

    Lie detector tests cannot be required as a condition of
    employment, nor can refusal of an employee to take a
    lie detector test be used as a basis for discriminating
    against an employee in any way.

    Before conducting job interviews or developing job ap-
    plication forms, you should obtain a copy of the very
    helpful pamphlet, "A GUIDE FOR APPLICATION FORMS AND
    INTERVIEWS UNDER THE EMPLOYMENT PRACTICES LAW."  It
    will inform you of many of the do's and don'ts of the
    hiring process, so you won't inadvertently violate
    Hawaii's stringent anti-discrimination laws.

@CODE:OF
@CODE: RI
  . RHODE ISLAND REQUIREMENTS.  Rhode Island has its own
    fair employment laws, which are modeled after the fed-
    eral laws.  However, the Rhode Island laws apply to
    any employer who employs 4 or more employees (unlike
    the federal laws, which mostly apply only to employers
    of 15 or more).  Also, Rhode Island law requires equal
    employment opportunity for mentally and physically han-
    dicapped persons.

@CODE:OF
@CODE: HI MA WS
  . @STATE is one of the few states that has en-
    acted a "gay rights" law, prohibiting discrimina-
    tion in employment based on sexual orientation.