A business can be subject to legal liability before it hires its first employee. Equal employment opportunity claims create both civil liability and regulatory complaints, which cost an employer significant amounts of time, energy, and goodwill. By establishing compliant hiring practices before any employee is hired and enforcing these effective hiring practices throughout the life of the business, employers can both avoid liability and ensure that they have hired the right workers for the right positions.
There are many potential bases of discrimination in employment claims. Since 1967, the Age Discrimination in Employment Act (ADEA) has prevented discrimination in hiring. Originally designed to protect workers between 40 and 65 years of age, the results of the Act have been “a mixed bag”. Many employees find it difficult to sustain ADEA claims in litigation. Nonetheless, age discrimination is prohibited by federal law, and many employers face liability because of the practice. Other prohibited bases of employment discrimination include disability, national origin, race, skin color, religion, and gender.
Resources for Creating Hiring Practices
The United States Equal Opportunity Employment Commission handles complaints of discrimination from all areas of the country. It also offers resources for small businesses to help owners understand—and comply with—equal opportunity law.
The Texas Workforce Commission administers claims of workplace discrimination within the state. It too provides information to help business owners comply with equal opportunity and discrimination laws.
The more employees hired by a business, the larger and more complex its hiring practices become. This also increases the likelihood of facing an equal opportunity employment complaint. Large businesses often seek the advice of an employment attorney to create the hiring practices that are best suited to their particular needs.
The Right Legal Representation for Your Texas Business
Attorney Andrew Weisblatt has been helping business owners protect their legal interests for 25 years. He helps business owners limit their exposure to civil liability, criminal liability, tax liability, and audits by regulatory entities. Learn why business owners across the greater Houston area contact the Weisblatt Law Firm for assistance. Call (713) 714-4634 to schedule your free phone consultation with a Houston business law attorney today.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio