Evan, in an era when an increasing number of businesses are prioritizing an inclusive workplace culture, discrimination against applicants and employees due to their religion, age, sex, etc., is still prevalent. According to Charles Spinelli, to stay compliant with employment laws, employers must understand that complying with anti-discrimination laws is essential to avoid severe legal consequences, ranging from fines and imprisonment to civil penalties and reinstatement.
The government encourages employers to promote a positive, equitable, and inclusive workplace and leverage its great benefits. Here is an idea of key requirements and best practices for employers.
The Core of Anti-Discrimination Laws
The federal laws, including article VII of Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act strictly prohibit employers from treating employees or job candidates unfairly in their employment life cycle or employment decisions—such as hiring, promotions, compensation or dismissal based on their protected characteristics. The protected classes may vary between jurisdictions.
They may consist of race, color, age, religion, sex, national origin, disability, pregnancy, and age. Managers should be given thorough training and treat all employees and candidates fairly. They should be cautious about their actions, which might disproportionately affect an employee or groups due to subconscious bias.
How Discrimination May Occur
- According to Charles Spinelli, one of the common problems involves hiring discrimination. The employers might not be aware that they are using biased language in job advertisements or are making choices based on personal preference, thus leading to the under-representation of certain groups in the company.
- Concerns can also emerge regarding promotions and salary determinations. If organizations fail to establish and document objective criteria for promotions or compensation, employees may perceive that inequities are being accepted.
- Another area that causes discrimination is harassment in the workplace, whether it is done verbally, physically, or through the internet. Employers need to strictly handle issues of harassment once experienced by any employee in the workplace.
- Another risk is the failure to provide necessary accommodations. According to the ADA, employers must make changes in policies that allow people with disabilities to do their jobs, unless doing so would cause an undue hardship. Similarly, pregnant workers may need changes to their duties or hours.
Steps Employers Can Take to Stay Compliant
- Develop clear, written anti-discrimination policies and integrate them into onboarding materials.
- Provide regular training on areas such as unconscious bias, harassment response, and reasonable accommodations so that managers understand legal obligations.
- Perform periodic audits in hiring, compensation, and promotion practices to ensure early identification of disparities.
- Establish a confidential complaint process that encourages reporting, ensures prompt and objective investigations, and prevents retaliation.
Creating a Culture of Respect and Inclusion
- Create a work environment where individuals feel valued, respected, and supported.
- Prioritize diversity and inclusion initiatives to improve retention and productivity.
- Encourage different perspectives, strengthening innovation and problem-solving in all aspects of the organization.
For employers, understanding anti-discrimination law and promoting transparent, fair employment practices is essential. Set strong policies, regular training, and a business to build on respect among the team to create a workplace in which everyone grows with the business.
