Fair and equal treatment isn’t just the right thing to do—it’s often the law.
Whether you’re hiring for a new position, planning a promotion, or letting an employee go, it’s important to be aware of anti-discrimination laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Why? Because if you’re accused of discrimination or harassment, you could potentially face a long and costly legal battle to resolve it.
These laws also protect your employees from any retaliation if they report a situation where they experienced or witnessed discrimination.
As a business owner, it’s important to understand the laws that could lead to a discrimination claim.
Need a refresher? Here’s a quick overview of protected classifications at the federal level. (Note: This is not legal advice – for specific guidance pertaining to your business, always consult a licensed lawyer with small business expertise.)
- Title VII of the Civil Rights Act of 1964 (Title VII): This established that employers can’t discriminate against people because of their race, color, religion, sex or national origin. The law also requires employers to reasonably accommodate applicants’ and employees’ sincerely held religious practices.
- The Pregnancy Discrimination Act (PDA): This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth or related medical conditions.
- The Pregnant Workers Fairness Act of 2022 (PWFA): The most recent act signed into law, PWFA was put in place to cover a gap in the PDA to require employers to reasonably accommodate a worker’s known limitations related to pregnancy, childbirth, or related medical conditions.
- The Equal Pay Act of 1963 (EPA): This law prohibits pay discrimination on the basis of sex and makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.
- The Age Discrimination in Employment Act of 1967 (ADEA): This law protects people who are 40 or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.
- Title I and V of the Americans with Disabilities Act of 1990 (ADA): This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless doing so would impose an undue hardship on the operation of the employer's business.
- Sections 102 and 103 of the Civil Rights Act of 1991: Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
- The Genetic Information Nondiscrimination Act of 2008 (GINA): This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history).
Employment Practices Liability Coverage Can Help
Even if you do everything you can to be proactive and fair in your business, you still could be faced with a lawsuit accusing you of discrimination. Even if the accusations aren’t true, a lawsuit could leave you stuck with hundreds of thousands of dollars in legal bills. Good news: There’s time to think ahead and protect yourself. Talk to your local insurance agent about adding Employment Practices Liability (EPL) coverage* to your business insurance policy. This coverage may help you in the instance someone brings a lawsuit against your business for wrongful acts, such as discrimination.*Coverages, benefits, limits, and deductibles will vary. Terms, conditions, exclusions, and limitations will apply. Refer to our disclaimer for more information. Talk to a local agent for state-specific policy information.
Fair and equal treatment isn’t just the right thing to do—it’s often the law. Whether you’re hiring for a new position, planning a promotion or letting an employee go, it’s important to be aware of anti-discrimination laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Why? Because if you’re accused of discrimination or harassment, you could potentially face a long and costly legal battle to resolve it. ERIE® insurance products and services are provided by one or more of the following insurers: Erie Insurance Exchange, Erie Insurance Company, Erie Insurance Property & Casualty Company, Flagship City Insurance Company and Erie Family Life Insurance Company (home offices: Erie, Pennsylvania) or Erie Insurance Company of New York (home office: Rochester, New York). The companies within the Erie Insurance Group are not licensed to operate in all states. Refer to the company licensure and states of operation information. The insurance products and rates, if applicable, described in this blog are in effect as of January 2024 and may be changed at any time. Insurance products are subject to terms, conditions and exclusions not described in this blog. The policy contains the specific details of the coverages, terms, conditions and exclusions. The insurance products and services described in this blog are not offered in all states. ERIE life insurance and annuity products are not available in New York. ERIE Medicare supplement products are not available in the District of Columbia or New York. ERIE long term care products are not available in the District of Columbia and New York. Eligibility will be determined at the time of application based upon applicable underwriting guidelines and rules in effect at that time. Your ERIE agent can offer you practical guidance and answer questions you may have before you buy.