How Employers Can Minimize the Risk of Liability
Under both state and federal law, employees have the right to be free from discrimination or harassment in the workplace. As an employer, it’s important to understand that the wrongful conduct need not be intentional. Furthermore, when an employee alleges either discrimination or harassment, you need to be extremely careful in your response, so that you avoid any additional allegations of wrongful retaliation.
What Constitutes Workplace Discrimination?
As a general rule, an employer may not engage in conduct that treats one employee differently from another employee, based on what the law refers to as a “suspect classification.”
What Qualifies as a Suspect Classification?
A suspect classification is essentially a characteristic or trait of the victim that cannot be changed. As the law governing workplace discrimination has developed, Congress and state legislatures, as well as the courts, have identified a number of suspect classifications:
- Gender
- Race, color or creed
- Disability
- Age
- National origin
- Gender identity or sexual orientation
- Religion
- Pregnancy
- Status as a protected veteran
How Is Workplace Harassment Defined?
Harassment in the workplace is generally based on the same suspect classifications, but involves different behaviors. The conduct most often associated with workplace harassment is offensive language, pictures or objects, including jokes, songs and nicknames. It may include name-calling, as well as physical threats or assaults. With respect to some types of workplace harassment, such as sexual harassment, it can also involve quid pro quo offers of a workplace benefit for capitulating to an unlawful demand, or threats of a workplace penalty for failure to comply.
Does Your Employee Have to Notify You Before Contacting the EEOC?
No. Before an employee can file a lawsuit against you based on discrimination or harassment, the employee must notify the Equal Opportunity Employment Commission. There is no requirement that you be notified first. However, the EEOC must notify you of any potential allegations within 10 days of the filing of the EEOC complaint.
Let Stephen Hans & Associates Handle Your Employment Law Concerns
At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes. Our offices are conveniently located in Long Island City with easy access from Manhattan.