Is every employee and applicant at your construction business treated fairly and equally? If not, you could experience an investigation by the U.S. Equal Employment Opportunity Commission (EEOC). From your employee manual to your daily work practices, it’s critical to ensure that your business is discrimination-free.
In this six-part article, a Tampa construction lawyer will discuss discrimination in the workplace. Construction employers need a firm understanding of the laws relevant to discrimination while also promoting a work culture free from harassment and discrimination. Remember, if your construction business experiences a lawsuit or receives a claim of discrimination, speak with the experienced Tampa construction attorneys at Cotney Construction Law.
Understanding Discrimination in the Workplace
It is illegal to discriminate against an applicant or employee based on a protected characteristic. Moreover, it’s illegal to retaliate against a person that reported discrimination, filed a complaint of discrimination, or participated in an investigation or lawsuit related to discrimination. Established in 1965, the EEOC is the federal agency that adminsters and enforces laws related to workplace discrimination. If an applicant or employee believes they were discriminated against by their employer or a coworker, they can report the incident to the EEOC and the federal agency will conduct an investigation.
What Is Considered Discrimination?
Discrimination is an umbrella term that can relate to a variety of aspects involving mistreatment in the workplace. This includes hiring applicants, terminating employees, payroll and benefits, job responsibilities, promotions or demotions, training programs, and other aspects of work culture that relate to the terms and conditions of employment. An employer will receive a complaint or EEOC Charge of Discrimination if a job applicant or employee believes that they were discriminated against.
Throughout this article series, our Tampa construction lawyers will discuss several legal topics related to workplace discrimination, including:
- In part two, we discuss what a protected group is classified as by the EEOC.
- In part three, we discuss the investigation process performed by the EEOC.
- In part four, we discuss the elements related to a prima facie case.
- In part five, we provide a few common legal defenses against accusations of workplace discrimination.
- In part six, we provide a few effective ways you can reduce the chances of your construction business being accused of discrimination.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.