Understanding Equal Employment Opportunity: Many companies question if they are required to become EEO compliant. If you are a private employer who employs at least 15 or more people, who work for you for 20 weeks or more per year, you are subject to federal law under Title VII of the Civil Rights Act of 1964. You may be subject to equal employment opportunity guidelines if you have a federal contract or subcontract; even small businesses must perform EEO compliance analyses.
Fair Treatment in the Workplace: To comply with EEO requirements, you must treat all people fairly regardless of national origin, race, religion, color, and/or sex, including pregnancy and sexual orientation, disability or genetic information. You must also extend fair treatment to employees who marry someone of a different national origin, race, religion or color. If you have 20 or more employees, you must treat workers over the age of 40 the same as younger employees, in order to comply with EEO guidelines under the Age Discrimination in Employment Act. EEO compliance also means NOT using any of these factors when hiring, promoting, disciplining and/or laying off workers.
Averting and Avoiding Discrimination: In order to avoid discrimination, employers need to have a zero-tolerance policy for harassment. An employee harassing another employee because of national origin, race, religion, color, age, sex, or disability creates a hostile work environment. If you discipline employees who don’t abide by your zero-tolerance policy, you can prevent violations, according to the U.S. Equal Employment Opportunity Commission. It is always preferable to avert discrimination before it becomes an issue. To learn more ways to prevent employment discrimination contact us for details.
Detailed Recordkeeping: In order to be compliant, you must keep accurate personnel records for one year after an employee is terminated. To follow ADEA guidelines, you must keep records for three years. Keep payroll records, employee benefit plan information and any merit system records. You must also keep records for two years that explain your various pay rates. This information includes wages paid, job evaluations and merit systems.
Additionally, you must also display an EEO poster that explains about job discrimination. If you employ more than 100 people, you must file an EEO-1, Employer Information Report and an EEO-3, Local Union Report.
Federal Contracts: If your business involves federal contracts or subcontracts worth more than $10,000, you must comply with EEO requirements or you could lose your contract. Follow the guidelines and don’t discriminate! Hire your employees based on how well they can perform the job. It’s good for them and it’s good for your business.
Be sure to post an EEO poster in the workplace and ensure to include language in your job advertisements affirming that you consider all applicants without regard to race, color, religion, sex or national origin, and include the required tagline: “EEO/AA employer.” Keep accurate hiring and employment records, and file an annual EEO-1 Report. For more questions or information we have included the following links for your review:
