Let’s face it, we, as a
society, are sue happy. As a business owner, one of the biggest things you can
get sued for is discrimination. Since most tire dealers fall into the “small
business” category, there is some protection. Under some circumstances, federal
courts will dismiss a lawsuit without a trial if the company is small enough.
But it’s better to avoid problems by following federal laws governing
discrimination.
If you have 15 or more
employees, your business must comply with Title VII provisions dealing with
discrimination on the basis of race, gender or national origin, as well as with
the Americans With Disabilities Act. Twenty or more employees means following
the Age Discrimination in Employment Act in addition to the others.
Although discrimination is
never acceptable, these exemptions recognize the special problems that small
companies have in maintaining a balanced workforce. Some communities may have a
shortage of job applicants in one or more of the Title VII categories, making
it difficult to hire qualified applicants. Likewise, the limited ability of a
small business to make accommodations for some types of disabilities is not
considered discrimination.
If a small company is a
subsidiary of a larger company, and if the larger company is legally
responsible for the smaller company, the exemption may not apply. Larger
companies that split into parts to skirt discrimination laws are not exempt.
However, even when federal
laws provide an exemption, state laws may not. Some state laws expand the
coverage to more employers and include protected groups not covered by the
federal acts.
Discrimination laws focus on
what is fair and reasonable for the employee and the employer. Lawsuits are
often the result of thoughtless or careless personnel practices and policies.
The best way to avoid the high cost of a lawsuit is to simply follow existing
laws to the maximum extent possible.
Take the time to review your
company’s personnel policies and practices with an attorney to ensure
compliance with both state and federal laws.
- Source: Tire Review
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