HR Legal Knowledge Check
Equal Employment Opportunity legislation can be confusing, and problems do arise from time to time owing to misinformation or misinterpretation of EEO laws. This checklist clarifies some of the most common areas of confusion for HR departments and employees alike.
Did You Know That . . .
- Employees have a legally protected right to discuss their pay with one another.
- An employee with an obvious or visible disability cannot be denied reasonable accommodation because they didn’t provide a doctor’s note.
- Employees who are not members of a racial, ethnic, or religious minority, or other historically disadvantaged group, are also protected by federal anti-discrimination laws.
- Employers have a legal responsibility to address an employee’s harassment complaint.
- It is illegal for an employer to retaliate against an employee who claims they’ve been discriminated against on the job, even if the claim turns out to be unjustified.
- The EEOC acts on more retaliation complaints than any other kind of discrimination or harassment complaint.
- Employers must allow an employee to fulfill any military obligations that come up, such as National Guard deployment, without negative employment consequences.
- Many employers face serious legal liability when they wrongly classify employees as independent contractors. For clarification on employee classification, see https://www.federalregister.gov/documents/2024/01/10/2024-00067/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act.
- Federal law mandates that an employee earning less than $55,068 per year who works more than 40 hours in a given week is entitled to overtime pay (time-and-a-half), even if they’re salaried. State law regarding overtime for salaried employees varies by state and must be consulted as well to ensure legal compliance.
You can help stave off onerous and costly litigation with an awareness of common pitfalls caused by a lack of EEO knowledge.
Avoid missteps and protect your organization by being aware of, and in compliance with, these commonly misunderstood legal issues. And make sure that employees are aware of their rights as well as their responsibilities too.