A number of laws protect the civil rights of individuals in the workplace; however, there is more to being an equal opportunity employer than simply knowing which federal, state and local regulations govern the employment conditions. The first steps to becoming an equal opportunity employer are understanding applicable laws, achieving diversity in the workplace and acknowledging that everyone is entitled to an equal chance for a rewarding job or career.
Federal Anti-Discrimination Laws
The U.S. Equal Employment Opportunity Commission enforces the Civil Rights Act of 1964, which prohibits discrimination based on characteristics such race, color, sex, national origin or religion. There are other federal anti-discrimination laws to which employers are obligated to adhere. They include the Age Discrimination in Employment Act, the Equal Pay Act of 1963, the Americans with Disabilities Act, the Lilly Ledbetter Fair Pay Act and the Genetic Information Nondiscrimination Act. Employers subject to these regulations must post notices throughout the workplace indicating they are in compliance with equal opportunity practices in the workplace.
State and Local Anti-Discrimination Laws
Every U.S. state has rules and regulations that pertain to fair employment practices. State laws may be identical to the federal laws, or they may be more comprehensive than federal laws. Nevertheless, employees who conduct business in any state are bound by the provisions of that state's laws. The Texas C-Bar strongly advises employers that "Employee handbooks are also important because employers are expected to publish, disseminate, and enforce anti-discrimination, anti-retaliation and anti-harassment policies." Texas state regulations mirror federal regulations; however, Texas law also prohibits discrimination based on employee participation in an emergency evacuation procedure. This might include protection from unfair discriminatory practices in the event of workplace violence, acts of God or catastrophic events that put workers in jeopardy. The Texas Workforce publishes a collection of fact sheets for Texas businesses to post. Local ordinances also prohibit discrimination in many municipalities. The Texas Employment Law Update announced that Houston's mayor signed an Executive Order in March 2010 which "added sexual orientation and gender identity as protected categories under the City's anti-discrimination, harassment and retaliation policy." As the work force becomes more diverse, prohibiting discrimination on the basis of sexual orientation is becoming a trend throughout the U.S..
Government Contractor Regulations
If your company contracts to provide products or services to the federal government above a threshold established by the U.S. Department of Labor, Office of Federal Contract Compliance Programs, you are required to demonstrate your organization's commitment to fair employment practices and affirmative action guidelines. Employers who are federal contractors must also construct a written affirmative action plan, provide training to supervisors and managers on the obligations of federal contractors and their suppliers, and utilize outreach and recruitment methods to attract a diverse pool of qualified applicants.
Sincere Efforts for Equal Opportunity Employer Status
Your company's lawyer will provide advice and counsel for complying with employment laws on the federal, state and local levels. Further, your company should also receive counsel on how to build your reputation as an equal opportunity employer. In communities where employers' working conditions and company reputation are frequently discussed, it's wise to focus your efforts on treating employees fairly. Word travels fast on two accounts--when you are known as a company that discriminates against certain classes of people, and when you are conscientious about strict adherence to fair employment practices.
Maintaining Company's Equal Opportunity Commitment
Business reputation says a great deal about your organization's commitment to fair employment practices. In addition, the actions of your supervisors and managers can improve your reputation with your current work force, and among individuals seeking jobs with your company. Mandatory training for your organization's leadership team and employees will aid in the understanding of what it means to be an equal opportunity employer and how each one of you plays an important role in maintaining that reputation.
- Texas Workforce: Employment Discrimination Fact Sheets
- Texas C-Bar: Nonprofit Guide to Employment Law Issues in Texas
- Texas Law Employment Update: City of Houston Adds Sexual Orientation and Gender Identify as Prohibited Forms of Discrimination
- Texas Office of the Governor: Religious Viewpoints Anti-Discrimination Act
- executive image by Leticia Wilson from Fotolia.com