Discrimination in Employer Layoff Procedures

Employers must utilize neutral workplace policies that protect certain classes of employees.

The Equal Employment Opportunity Commission (EEOC) enforces federal employment anti-discrimination laws. Employers may not discriminate against employees based on race, religion, color, gender, disability, age (40 and older) or genetic information. The federal Equal Employment Opportunity laws further prohibit employers from retaliating against employees who previously filed complaints with the EEOC reporting illegal workplace conduct.

EEOC Coverage

Whether the federal Equal Employment Opportunity laws cover specific employers depends on the employer's size. Employers must comply with the federal anti-discrimination race, religion and disability regulations if they hire at least 15 employees who worked at least 20 weeks during the current year or prior year. The EEOC's age discrimination laws apply to employers who hire at least 20 employees who worked at least 20 weeks during this year or the previous year. The EEOC's equal pay laws that prohibit different pay practices for men than women performing the same job cover almost all employers, regardless of size.

Terminations

Employers cannot base termination selections on an employee's color, age, religion, disability, gender, disability or age (40 and older). Employers cannot consider these factors when making termination or discharge decisions. When performing job layoffs, the EEOC strictly prohibits using age as a factor to layoff the oldest employees. When financial conditions improve for employers, they may not discriminate when rehiring employees. The EEOC also prohibits employers from retaliating against employees who previously filed EEOC complaints by discharging them.

Constructive Termination and Discharge

The EEOC's constructive discharge laws apply to employers that do not terminate an employee but make their workplace so intolerable that the employee is forced to resign. Employers may not discriminate against employees by making their job situations so unreasonable that employees have no other viable alternative but to voluntarily terminate employment. Employers that force constructive terminations are subject to the federal anti-discrimination laws. Examples include employers who demoralize employees based on a disability or religion or who unduly harass employees.

Filing a Claim

Employees may file claims alleging illegal job discrimination and job termination by following the EEOC's mandatory complaint filing procedures. Before an employee can sue an employer in federal court, the federal laws require employees to exhaust their administrative rights with the EEOC. Employees must file a discrimination complaint with the EEOC within the applicable statute of limitations periods. Generally, employees have 180 days to file discrimination complaints based on federal discrimination laws.

Considerations

Since employment laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.

References

• U.S. Equal Employment Opportunity Commission: How to File a Charge of Employment Discrimination
• U.S. Equal Employment Opportunity Commission: Coverage of Business/Private Employers
• U.S. Equal Employment Opportunity Commission: Prohibited Practices

Resources

• U.S. Equal Employment Opportunity Commission: Remedies for Employment Discrimination