DISCRIMINATION 101

DISCRIMINATION 101, by L D Sledge, JD

President Lydon, B. Johnson signed title VII of the Civil Rights Act in 1964 which prohibits discrimination on the basis of sex, race, religion, color and natural origin. This act is enforced by the Equal Employment Opportunity Commission, (EEOC), which may initiate a complaint on its own, or it may receive complaints from individuals or groups and take action on it.

Over the years, the act has been expanded to include age discrimination, disability and genetic information. A large body of jurisprudence (cases), based on lawsuits in this area, has created the guidelines to follow and there are guidelines established by the EEOC in each of these areas. They have expanded into areas such as retaliation for filing claims or whistleblowing and harassment, all of which have produced substantial damage awards for the plaintiffs. It is a minefield for the unwary. The small business must have a competent employment attorney on board or available if questions arise.

Huge awards have been granted to complainants against businesses for violating these guidelines. Every small business must learn how to avoid these problems, for they can literally destroy one's business. I will particularize these problems and their solutions in future blogs.