Employment Law Guide

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Summary
Equal Employment Opportunity Commission
- Role of the EEOC
- EEOC Strategic Enforcement Plan
- EEO Reporting Requirements
- EEO Recordkeeping Requirements
- EEO Posting Requirements
Key Terms and Concepts
- Determining Who Is an Employee
- Independent Contractors, Consultants and Freelancers
- Determining Whether an Individual is an Employee or Independent Contractor
- Interns
- Protected Class Categories
- Title VII
- Similarly Situated Applicants or Employees
- Adverse Employment Action
- Reverse Discrimination
- Constructive Discharge
- Retaliation
- Supervisory Status and Vicarious Liability
- Determining Who is an Employer
- Joint Employer
- Third Party Interference
- Minimizing Liability
Legal Issues and Theories of Discrimination
- Disparate Treatment
- Disparate Impact
- Use of Statistics and Examples
- Employer Procedures as Job-Related Business Necessities
Protected Classes
- Sex - Title VII
- Sex - Equal Pay Act
- Race - Title VII
- National Origin and Citizenship - Title VII, Immigration Reform and Control Act (IRCA)
- Religion - Title VII
- Age - Age Discrimination in Employment Act
- Disability - Americans with Disabilities Act
- EEOC Guidance Regarding Individuals with Mental Health Conditions
- EEOC Guidance Regarding Individuals Affected by HIV
- Pregnancy
- Lactation/Breastfeeding Protections and Accommodations
- Veterans and Military Personnel - Uniformed Services Employment and Reemployment Rights Act, Vietnam Era Veterans' Readjustment Assistance Act
- Employees and Applicants With Caregiving and Family Responsibilities
- Genetic Information - Genetic Information Nondiscrimination Act
Managing Discrimination and Equal Opportunity
- Prohibited Conduct
Employer Liability for Discrimination
- Supervisors
- Co-Workers
- Third Parties Including Independent Contractors
Preventing Discrimination
- Policies
- Employee Acknowledgment and Consent
- Widely Publicized Complaint Procedure
- Training
- Training Independent Contractors
- Confidentiality of Complaints
- Dealing With a Complaining Employee's Request for Specific Action
- Workplace Monitoring
Recruiting and Hiring Employees
- Advertising Jobs Without Regard to Protected Class
- Background Checks
- Reasonably Accommodating Applicants With Disabilities
- Preemployment Screening and Testing
- Interviewing - Permissible and Impermissible Inquiries
Wellness Programs
Compensating Employees Fairly
- Equal Pay Act
- Lilly Ledbetter Fair Pay Act
- EPA and Title VII
Disciplining and Terminating Employees in Protected Classes
- Consistent Application of Disciplinary Policies and Procedures
- Legitimate, Nondiscriminatory Reason for Adverse Action
- Importance of Documentation
- Reductions in Workforce
Litigating an Employment Discrimination Claim
- Establishing a Claim of Employment Discrimination
Defending Against Claims of Employment Discrimination
- Bona Fide Seniority or Merit System as a Defense
- Bona Fide Occupational Qualification
- Challenged Business Practice Is Job-Related and Business Necessity
- Practical Decisions Based on Factors Other than Protected Class
- After-Acquired Evidence as a Defense
- Procedural Defenses
Handling and Investigating Discrimination Complaints Internally
- Keeping Complaints and Investigations Confidential
- Documenting the Complaint and Investigation
- Objectivity and Neutrality in the Investigation
- Choosing the Investigator
- Investigation and Interview Process
- Confidentiality Rules
- Reaching Conclusions and Writing the Report
- Resolving the Complaint
Handling an EEOC Charge and EEOC Investigative Procedures
- Who May File an EEOC Charge
- Time to File an EEOC Charge
- Initial Review
- Mediation Before the EEOC
- Investigation by the EEOC
- Fact Finding Conferences
- Further Investigation
- Assessment of Probable Cause
Handling an Employment Discrimination Lawsuit
- Notification of the Complaint
- Preservation of Evidence
- Answering the Complaint
- Depositions
- Summary Judgment Motions
- Settlement and Alternative Dispute Resolution - Mediation
Class Actions
Waiver of Employment Law Claims
Employment Practices Liability Insurance
Future Developments
State Requirements

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Discrimination: Federal

Discrimination requirements by state

Authors: James Anelli and Michael Gardner

Summary

This guide provides HR professionals with an overview of federal laws prohibiting discrimination on the basis of protected characteristics, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act and the Genetic Information Nondiscrimination Act. It addresses what constitutes discriminatory conduct, which characteristics are protected, defenses against discrimination claims, employer compliance requirements, EEO-1 reporting, enforcement and remedies under discrimination laws. It also covers protections and accommodation requirements for lactation and breastfeeding.

State Requirements

The following states have additional requirements for this topic under applicable state law.

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About This Resource

Jurisdiction: Federal
Status: This resource is kept under review and updated in line with developments.
Updates: Updated to reflect Supreme Court decision in Ames v. Ohio Department of Youth Services holding that the standard for proving a disparate treatment claim is the same for majority and minority group plaintiffs.