A good business attorney knows that when it comes to labor and employment law, “an ounce of prevention is worth a pound of cure.” For small business owners prevention means acting proactively to mitigate the risk of an employee initiated lawsuit.
Small business owners can knowingly or unknowingly violate employee protection laws when placing job advertisements, interviewing, training, paying, disciplining, promoting, or firing. At Plummer Legal, LLC we help our small business owners implement policies and procedures designed to minimize the risk of discrimination litigation.
Imagine you decide to hire a new employee. You place an advertisement seeking males skilled in construction ages 18 – 50 years old. You have just violated both federal and state anti-discrimination laws. The advertisement may not seem offensive but your business could be sued by a female applicant or a person over the age of 50.
Both federal law and Maryland law protect certain classes of people that have been historically discriminated against. Maryland protects a wider range of people than the federal government. Every Marylander is guaranteed equal opportunity in receiving employment regardless of
• national origin
• physical or mental disability
• marital status
• sexual orientation or
• genetic information.
Discrimination Lawsuits before Hiring
These anti-discrimination protections can be violated when you a place a job advertisement or conduct an interview.
Discrimination Lawsuits after Hiring
After an employee is hired, an employee can claim that he or she was discriminated against by not receiving a promotion based upon race, gender, etc. An employee can claim that he or she is not receiving equal pay based upon discriminatory intent. An employee can claim that he or she is being unfairly disciplined based upon discriminatory intent. An employee can also claim he or she is being discriminated against because he or she is not receiving training or admission into an apprenticeship program.
Discrimination after Firing
An employee can claim he or she was wrongfully terminated based upon discriminatory intent. A employee can claim he or she was fired in retaliation because the employee complained of discrimination or assisted in the complaint.
What can business owners do? At Plummer Legal, LLC we want your small business to steer clear from these issues. We help you create employee policy handbooks that define discrimination, how to report discrimination and outline penalties for doing so. We can also help you conduct anti-discrimination trainings. We teach business owners how to document any potential discrimination issues.
Call us at (240) 206-8287.