Preventing Discrimination in the Workplace

Household employers struggle with their home being both a personal residence and a workplace for others. The U.S. government enforces many laws and regulations that protect workers against discrimination, with California and Hawaii both recently adopting workers’ rights laws similar to the New York Domestic Workers Bill of Rights. Household employers must recognize that their home is their business location, and take the steps necessary toward preventing discrimination in the workplace.

Employers need to be aware of all laws and regulations affecting them, including federal, state, and local. Although many federal laws require five, fifteen, or even twenty employees for a law to apply, discrimination laws (especially state and local laws) could apply to household employers. Be aware of any discrimination laws in your state or locality and how they apply to you, and then implement employment practices to avoid arguments or even a lawsuit. Here are some common discrimination laws to keep in mind:

• The U.S. Civil Rights Act of 1964 (Title VII) protects employees from being discriminated against based on their race, color, religion, sex, or national origin. Federal law also prohibits discrimination based on age, pregnancy, disability, genetic predisposition, and U.S. citizenship status.
• Sexual harassment policies stipulate that no employee should be subject to unwelcome verbal or physical conduct that is sexual in nature or that shows hostility to the employee because of his or her gender. Sexual harassment can have devastating effects on the workplace. It is best for an employer to include an anti-harassment/anti-discrimination policy in his or her employee handbook, which specifically addresses sexual harassment and includes a non-retaliation statement.
• The Americans with Disabilities Act (ADA) and the ADA Amendment Act (ADAAA) prohibits discrimination against any qualified person with a disability. The ADA prohibits discrimination on the basis of disability in all employment practices—not only hiring and firing.

All employers must comply with all laws pertaining to them—federal, state, and local. The onus is on the employer to know all the laws and regulations by which to operate your household employment.

Download GTM’s Common Sense Practices to Prevent Discrimination to help ensure that you prevent illegal discrimination in the workplace. Please contact our Household Employment Experts for more information.