Federal, state, and local labor and employment law prohibit employment discrimination in connection with a broad range of protected classes. Current federal employment discrimination laws prohibit discrimination based on:
To help avoid liability and demonstrate compliance with employment discrimination laws , employers should develop and maintain an equal employment opportunity (EEO) anti-discrimination and harassment policy and provide employees with a clear procedure for addressing discrimination or harassment claims.
An effective EEO policy covers the following criteria:
Use this EEO policy example to provide employees with a clear equal employment opportunity policy and procedure to address a discrimination claim.
[Employer] complies with all federal, state, and local equal employment opportunity laws. In all hiring and employment practices, [Employer] makes every effort to ensure that it doesn’t discriminate against employees and applicants. This policy addresses [Employer]’s commitment to providing equal opportunity employment for all employees and applicants and to promoting diversity in the workplace.
[Employer] complies with all laws prohibiting discrimination against employees and applicants based on race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, citizenship status, disability, genetic information, or veterans’ status.
[Employers that are federal contractors can add: [Employer] complies with all federal government contracting laws and is committed to providing equal employment opportunities for qualified employees and applicants, such as women, minorities, persons with disabilities, and certain groups of veterans. For more information, see [Employer]’s affirmative action policy.]
Equal opportunity extends to all aspects of the employment relationship, including hiring, promotions, training, working conditions, compensation, and benefits.
[Employers that are federal contractors can add: [Employer] won’t discharge or otherwise discriminate against employees and applicants for asking about, discussing, or disclosing their compensation or other employees’ and applicants’ compensation. Employees who have access to other employees’ and applicants’ compensation information (as part of their essential job functions) can’t disclose this information to anyone who doesn’t otherwise have such access unless their disclosure is in response to formal complaints or charges; in furtherance of investigations (including investigations by [Employer]), proceedings, hearings, or lawsuits; or consistent with [Employer]’s legal duty to provide information.]
[Employer]’s policies and practices are to reflect [Employer]’s commitment to nondiscrimination in all areas of employment, including contracting opportunities for vendors and suppliers.
[Employer] values and promotes diversity in its workplace. Diversity refers to human differences that exist in the workplace, including those based on culture, ethnicity, gender, and age. [Employer] believes that promoting diversity plays an important role in attracting the widest pool of qualified applicants, fostering greater innovation and creativity, and enhancing our communication and relationships with customers and the community.
[Employer] is committed to enhancing our diversity and demonstrating that commitment to our employees, customers, and community. [Employer] promotes diversity by developing policies, programs, and procedures that foster a work environment in which differences are respected and all employees are treated fairly.
[Employers that are federal contractors can add: [Employer] complies with federal affirmative action guidelines in all employment opportunities for qualified employees and applicants, such as women, minorities, persons with disabilities, and certain groups of veterans. For more information, see [Employer]’s affirmative action policy.]
[Employer] strives to keep its workplace free from all forms of harassment. Some examples of conduct that can be considered harassment include ethnic slurs, racist jokes, pornographic emails, unwelcome touching, displaying offensive pictures, or any other verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment.
[Employer] considers harassment in all forms to be a serious offense that violates
[Employer]’s EEO policy. [Employer] also prohibits harassment against anyone involved in reporting EEO violations or in investigations of EEO complaints. For more information, see
[Employer]’s harassment and sexual harassment policies.
[Employers that are federal contractors can add: Under [Employer]’s affirmative action policy, employees and applicants are protected against harassment based on disability or certain veterans’ status. For more information, see [Employer]’s affirmative action policy.]
If employees or applicants believe that they have faced discrimination or if employees or applicants are aware of any actual or suspected workplace conduct that could be regarded as discriminatory, they should report such conduct immediately to [Employers can indicate to whom employees should report discrimination] in one of several ways, such as:
[Employer] investigates all discrimination complaints promptly and supports employees’ cooperation with investigations. Anyone involved in reporting EEO violations or in investigations of EEO complaints can expect confidentiality to the full extent afforded by law. Any information obtained during investigations also is kept confidential to the full extent possible under law.
Where appropriate, informal resolution of discrimination complaints is used. Such an approach can include counseling those who commit discrimination or serving as a mediator between the two parties.
When a discrimination complaint can’t be resolved informally, a written report of the investigation that includes recommendations for further action is prepared and delivered to [indicate who receives the report]. Recommendations can include discipline for those who commit discriminatory actions and restoration of the terms, conditions, or opportunities that were lost or denied employees or applicants because of discrimination.
[Employer] ensures that employees and applicants who complain about discrimination, oppose any discriminatory practice, or participate in investigations of such complaints are protected against retaliation. [Employer] doesn’t discourage or obstruct employees and applicants from filing complaints with the federal Equal Employment Opportunity Commission or state or local EEO agency.
Employees also are protected against retaliation for talking about discrimination in response to questions that come up during internal investigations. No adverse employment actions are taken against employees and applicants who file EEO complaints, oppose discriminatory actions, or participate in investigations of such complaints.
[Employers that are federal contractors can add: Employees and applicants are protected against retaliation if they exercise any rights under the federal Rehabilitation Act or the federal Vietnam-Era Veterans’ Readjustment Assistance Act. For more information, see [Employer]’s affirmative action policy.]
All employees, including supervisors and managers, who engage in discriminatory conduct or harassment are subject to immediate disciplinary action, up to and including termination.
All government nondiscrimination posters and [Employer]’s EEO policies are displayed permanently in conspicuous locations in all facilities and on [Employer]’s internal homepage. Notices, advertisements, forms, job descriptions, and other specifications relating to employment don’t indicate any preference, limitation, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, citizenship status, disability, genetic information, or veterans’ status.
[Employers that are federal contractors can add: [Employer]’s affirmative action policy is displayed permanently in conspicuous locations at all worksites in a format accessible to employees and applicants with disabilities and employees and applicants who are disabled veterans.]
[Employer] requires all new hires, including managers and supervisors, to undergo training on complying with [Employer]’s EEO policy. Thereafter, training on the policy is provided annually for all employees, including managers and supervisors.
Shifting labor and employment laws and protections continue to challenge employers and their legal teams. Bloomberg Law has all the legal tools and resources you need to stay on top of the latest employment discrimination laws and compliance requirements.
Download our GC Guide to Navigating 2024: Labor & Employment for insights to help you prepare for changes in L&E issues that could impact your company.
See how Bloomberg Law research solutions can help you provide sound counsel to your clients and stakeholders. Request a demo.