27
Employment Discrimination and Harassment Law
SOP Number: YES00027
Effective Date: 11/27/2024
Revision Date: 11/27/2024
Owner: HR
Review Frequency: [Quarterly]
Purpose
Briefly describe the purpose of this SOP, Explain why this procedure exists and what it aims to achieve.
Some SOP’s will have this, some won’t. Will be listed as “Purpose” on old SOPs too.
Responsibilities
List the roles and their responsibilities for this procedure. Be specific about who is responsible for each part of the process.
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Role 1: Recruiter
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Role 2: Account Manager
Definitions
Provide definitions for any terms or acronyms used in this SOP that may not be commonly understood.
Procedure Steps
Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in all facets of employment based on the following protected classes:
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EXPLANATION OF PROTECTED CLASSES
RACE & COLOR: It is illegal to discriminate on the basis of race or color. Slurs or jokes, offensive or derogatory comments, or other verbal or physical conduct based on an employee’s race or color constitutes discriminatory harassment if that conduct creates an intimidating, hostile or offensive work environment and prohibits an employee from performing their job.
RELIGION: An employer cannot discriminate based on an employee’s religious beliefs or practices. Harassment based on religion occurs when an employee is antagonized or ridiculed because of his or her religious, moral, or ethical beliefs. Another type of religious harassment occurs when a co-worker or supervisor “preaches” or proselytizes to an employee and the employee perceives that behavior to be unwanted and offensive, amounting to a hostile work environment.
DISABILITY: The ADA prohibits workplace discrimination on the basis of disability. This could be denial of qualified work or benefits, or refusal to take accommodations into consideration. Illegal harassment occurs when a worker with a disability is constantly subjected to pervasive and severe harassment due to his or her disability, resulting in a hostile work environment for the employee.
AGE (40 AND OLDER): The ADEA protects individuals who are 40 and older from discrimination.
CITIZENSHIP STATUS & NATIONAL ORIGIN: It is illegal to discriminate based on an employee’s birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
GENDER, GENDER IDENTITY OR EXPRESSION, OR SEXUAL ORIENTATION: It is illegal to discriminate on the basis of sex, gender identity or expression or sexual orientation. Requests for sexual favors in exchange for preferential treatment and workplace conditions that create a hostile environment for persons of either gender constitute sexual harassment.
GENETIC INFORMATION: An employer may not discriminate based on genetic information they may know about an employee.
PREGNANCY: Pregnancy, childbirth and related medical conditions must be treated in the same way as other temporary illnesses or conditions and not be used for discriminatory treatment.
HARASSMENT & RETALIATION: Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices.
USE OF FAMILY AND MEDICAL LEAVE: An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right. An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right
MILITARY STATUS: Discrimination on the basis of military status involves denying equal employment opportunity to any person because of that person's past, current or future membership, service or obligation in a uniformed service.
Examples of Employment Discrimination
Employment discrimination could occur in any number of situations, including:
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Stating or suggesting preferred candidates in a job advertisement
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Excluding potential employees during recruitment
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Denying or disrupting the use of company facilities
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Discrimination when issuing promotions or lay-offs
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Harassing certain employee(s) based on legally protected personal traits.
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Not proceeding with the accommodation interactive process when it may be needed
Other inadvertent ways to discriminate include:
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Collecting documents for the I-9
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Must NOT request specific documents, must give them options, and use what they first provide before asking for other documentation
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Discriminating on behalf of the client
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If a client is discriminating and we accommodate them with that decision, then we are also discriminating and can be held liable
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Selecting or not selecting a candidate due to a perceived or assumed inability/disability based on legally protected personal traits
Reasonable Accommodations
A modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process that enable an individual to have an equal opportunity not only to get a job, but to successfully perform their job tasks to the same extent as people without a disability or a need.
Examples include: Sign Language Interpreter for interview and training; changing tests, training materials, or policies; modified work schedules; acquiring or modifying equipment, etc.
YES PROCESS: All accommodation requests must be reported to YES HR to begin the ADA Interactive Process; the Americans with Disabilities Act (ADA) Interactive Process also applies to Pregnancy, Religious, and other accommodation requests.
HARASSMENT
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information, sexual orientation, or gender identity.
Harassment becomes unlawful where:
(1) enduring the offensive conduct becomes a condition of continued employment, or
(2) the conduct is severe or pervasive enough to create a work environment that a reasonable
person would consider intimidating, hostile, or abusive
Examples of Harassment in the Workplace
Expressions of disgust or intolerance towards a particular race or religion
Derogatory jokes Inappropriate nicknames
Racial Slurs Mocking another worker’s accent
Personal Insults Inappropriate physical touch
Retaliation
Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge or participating in any way in an investigation or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals
YES PROCESS: Any employees with questions or concerns about equal employment opportunities or retaliation in the workplace are encouraged to bring these issues to the attention of the HR Manager.
Your Employment Solutions expressly prohibits any form of unlawful employee harassment or discrimination based on any of the characteristics mentioned above. Please report any potential discrimination or harassments issues to HR.
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Make employment related decisions based on essential job functions
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Fundamental, crucial job duties performed in the position. They do not include marginal functions, which are extra or incidental duties.
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Respect cultural and racial differences in the workplace. Refuse to initiate, participate, or condone discrimination and harassment.
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Be professional in conduct and speech.
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Avoid race-based or culturally offensive humor or pranks. When in doubt, leave it outside the workplace.
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Familiarize yourself with the company’s workplace policies and act responsibly.
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Be pro-active. Report incidents of inappropriate, discriminatory, harassing or abusive behavior to your supervisor, Human Resources department, or management.
Guidelines and Best Practices {OPTIONAL}
Offer any additional guidelines, tips, or best practices to help with successful execution of this SOP.
Approval and Revision History
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Version |
Date |
Approved By |
Changes Made |
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1.0 |
11/27/2024 |
IT , ML |
Initial Creation |
Contact Information
For questions or support related to this SOP, contact:
Role/Department: HR
Email: [email protected]
Extension: 117
