5 Employment Laws Every Manager Should Know
The Facts
Q&A
From interviewing prospective candidates and hiring them to address harassment objections and requests for leave and raise, supervisors and administrators must be acquainted with various guidelines, procedures, regulations, and employment laws set out by the EEOC (Equal Employment Opportunity Commission). These EEOC employment laws make it unlawful for organizations to discriminate against an employee or a job applicant based on their race, color, religion, sex, age, national origin, etc.
Furthermore, The United States EEOC is an autonomous federal agency responsible for enforcing national laws. Moreover, it is illegal to discriminate against a person because the individual documented the instances of prejudice, filed a claim of discrimination or engaged in a workplace retaliation investigation or suit. Therefore, workplaces with a team of 15 or more members must follow all the employment laws to remain compliant with the EEOC guidelines.
An Overview of the EEOC Employment Laws
The Equal Employment Opportunity Commission is a national institution that outlines national regulations to stop workplace prejudice. Apart from applying to workplaces with more than 15 employees, this EEOC law covers employment agencies, labor unions, and institutions in the federal sector. In addition, the EEOC employment laws apply to all types of work conditions, including:
- Hiring
- Firing
- Harassment
- Training
- Promotions
- Wages
- Benefits
The EEOC employment regulations call for an objective hiring procedure that remains free from discrimination. The EEOC accepts and investigates charges of organizational bias from workplace employees. Also, if the Equal Employment Opportunity Commission finds any prejudice, they try to intervene between the company and the employees.
What are some Prevailing Employment Laws Every Manager Must Know?
Here are some prevailing employment laws every manager must know to remain compliant with the EEOC guidelines.
1. Workplace Discrimination Laws
Workplace discrimination laws are one of the most important EEOC laws. This law helps modern workplaces remain guarded against prejudice against individuals based on age, disability, national origin, race, sex, genetic information, color, pregnancy, or religion. In addition, HR managers and administrators must remain acquainted with the individual regulations that protect these classes of people, such as:
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Pregnancy Discrimination Act (PDA)
- Equal Pay Act (EPA)
These laws are relevant in all stages of an employee's job cycle, from pre-hiring practices to employment termination. Moreover, job applicants or employees can file a prejudice suit if an organization rejects a person based on their ethnicity or sexual orientation.
HR specialists and administrators must comply with all these regulations and exercise reasonable measures to avoid exercises that expose a business to extreme accountability. There is also an immense strain on the workplace to provide improved harassment prevention training. Managers must comprehend what is legally known as workplace harassment to eradicate it.
2. Wage and Hour Laws
These wage and hour laws, guarding the wages and employee labor hours, get controlled by the United States Labor. The central law—the Fair Labor Standards Act (FLSA)—has multiple important functions. For example, this law:
- Sets the federal minimum wage
- Specify the 40-hour workweek
- Outline provisions for overtime pay
- Orders child labor laws
Another effective regulation in this category is the FMLA (Family and Medical Leave Act) of 1993, allowing eligible employees 12 weeks of unpaid leave for personal and medical reasons, continuing job protection, and medical coverage. In addition, these hour and wage laws got enacted in 2010 to include better flexibility for veterans and military officials to present them additional protection under the regulation.
3. Employee Benefits Laws
This classification of EEOC regulations assists in protecting workers' access to workplace advantages. The most prominent regulations under this classification comprise:
- The ACA (Affordable Care Act), popularly termed "Obamacare," was enacted to improve access to affordable healthcare for individuals residing below poverty levels.
- The Employee Retirement Income Security Act (ERISA) sets that any business offering pension plans must fulfill detailed minimum standards.
- The Consolidated Omnibus Budget Reconciliation Act (COBRA) mandates insurance programs to offer qualified employees access to continuing health insurance coverage for a specified time after leaving the job.
- The Health Insurance Portability and Accountability Act (HIPAA) offers employees and their dependents safety and privacy by offering private medical records. This regulation safeguards employees against discrimination based on prevailing health conditions and medical history.
4. Immigration Laws
Immigration laws, including the Immigration and Nationality Act (INA), ensure that workplaces only hire candidates authorized to work in the United States, including lawful permanent residents, citizens, noncitizen nationals, and aliens authorized to work.
These regulations outline the use of I-9 documents to affirm organizational compliance. In addition, this regulation makes it compulsory for businesses to demonstrate employee eligibility and remain aware of anti-discrimination laws in place.
5. Workplace Safety Laws
The Occupational Safety and Health Act (OSHA), legislated in 1970, guarantees employees in an organization always have a safe working environment. The OSHA (Occupational Safety and Health Administration), a division of the United States Department of Labor, oversees the compliance with this Occupational Safety and Health law.
Another scope of legislation designed to protect the security of workers is the employees' payment rules. These regulations outline the administration of disability training programs that help national workers disabled in the workplace. In addition, private company or state government employees remain guarded under laws dictated by the individual state's worker remuneration committees.
When should Employees reach out to the Equal Employment Opportunity Commission?
Employees in every workplace can document a formal complaint with the EEOC if they believe they encountered some harassment or unjust treatment at their workplace. In addition, if employees face discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, or age, they can document an official complaint with the EEOC.
Furthermore, the EEOC also takes complaints if a worker did not get a job based on religious beliefs, nationality, or physical disability. In addition, individuals who feel retaliated at their work can register a lawsuit with the EEOC. It is essential to comprehend that an individual other than the victim can also file a complaint with EEOC. It can be any other individual, business, or agency on behalf of the target to guard the victim's individuality.
The Bottom Line
To sum up, we can say that the laws legislated by the EEOC remain compulsory for all institutions working in the United States. Thus, businesses must guarantee that they offer adequate training to their team regarding the consequences of workplace harassment. In addition, they must ensure that no one in their organization encounters prejudice based on their race, background, sex, religion, culture, or language, and even if any incidents get registered, the managers must look into them straight away.
Similarly, a workplace must strive for a safe, fair, and inclusive work environment for its workers to succeed and add inherently to its development. It is why most companies are now taking steps to train their team to control workplace harassment and become EEOC compliant to protect their workforce against workplace prejudice.