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Text File | 1996-11-06 | 11KB | 242 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
discrimination 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
employee, including compensation, promotions, type of
work assigned and working conditions.

In addition to outlawing discrimination in employment,
companies 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 generally 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
briefly 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 employees,
      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 service
of 1994                                   in the military.
                                          Required to rehire
                                          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 calendar practices based
                   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
                                          national 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 firing
Act of 1967        or more weeks in a     on account of age,
                   calendar year.         for persons age
                                          40 or older.

Rehabilitation     Employers with         No discrimination
Act of 1973        federal contracts of   in employment
                   $2,500 or more.        practices on account
                                          of mental health
                                          or physical
                                          handicaps.

Vietnam Era        Employers with         Affirmative action
Veteran            federal contracts      programs for certain
Readjustment       or subcontracts of     disabled vets.
Assistance         $10,000 or more.
Act of 1974

Veterans           All employers          No discrimination on
Re-employment                             account of military
Rights Act of                             service; must provide
1994                                      certain benefits
                                          during absence;
                                          reemployment required
                                          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
    required of small businesses in connection with the
    federal laws against job discrimination.  However, if
    you are subject to any of the above laws, there are
    government 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
    Employment Opportunity Commission each year.

@IF099xx]    NOTE REGARDING @NAME:
@IF099xx]    --------------------------------------------------------
@IF099xx]    Since you have only @EMP employees, your firm is not
@IF099xx]    required 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 particular
    group in violation of federal or state laws.

@CODE: CA HI RI MA WS
@CODE:NF
@CODE:OF
@CODE: CA
  . CALIFORNIA REQUIREMENTS.  California has its own state
    anti-discrimination laws, 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
    illegal for an employer to discriminate because of race,
    color, religious creed, national origin, ancestry,
    physical handicap, medical condition, marital status, or
    sex.  Sexual harassment is prohibited as a discriminatory
    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
@IF005xx]    employment rules because the number of workers employed
@IF005xx]    by @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 pregnancy
    leave under California law, and under the 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 otherwise.
    (Los Angeles Ordinance #160289 and San Francisco Ordinance
    #49985)

@CODE:OF
@CODE: HI
  . HAWAII REQUIREMENTS.  Hawaii has its own state laws
    prohibiting 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 service,
    and cannot legally discharge or refuse to hire an
    employee because the employee's income has been
    assigned 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
    application 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
    federal 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
    handicapped persons.

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

@CODE:OF
@CODE: MA

New Massachusetts legislation (Chapter 278, Massachusetts
General Laws) also requires companies with fifteen or more
employees to adopt a written policy on sexual harassment
by November 6, 1996.  This new law also requires that
employers with more than six but less than fifteen employees
must adopt such a policy by January 1, 1997.

@CODE:OF