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Business Owner's Manual

Anti-discrimination Laws

Federal, state, and local laws prohibit discrimination with regard to all employment decisions, including those relating to recruitment, hiring, training, promotions, employee compensation, and terminations. Equal employment opportunities must be provided to all qualified applicants and employees without regard to race, color, sex, religion, national origin, citizenship, marital status, age, disability, or (for employers in New York City) sexual orientation.

 

Damages

Damages for violating these laws can be substantial, including back pay, compensation for pain and suffering, and, in some cases, punitive damages. Coverage under these laws varies according to the number of employees in the business. For example, Title VII applies only to employers with 15 or more employees, whereas New York's Human Rights Law covers employers with four or more employees.

Discrimination can take many forms. Employers may be held responsible not only for their own discriminatory acts but also, in some circumstances, for the acts of one employee toward another. For example, an employer's failure to take action when he or she becomes aware of sexually harassing behavior by an employee against another employee may subject the employer to liability.

 

Notice Required

Employers are required to post notice of anti-discrimination laws. These notices are available from the "Laws & Regs" section of U.S. Department of Labor Web site.