Financial Damages Of Work Place Discrimination

When discrimination occurs in the workplace, there are consequences that the company experiences and consequences suffered by employees. The consequences can range from tangible or intangible, and moderate-to-monumental. Although it can occur infrequently, discrimination is not welcome and is harmful, but the reality is that discrimination can be damaging to both parties if it occurs. In addition, the reality of discrimination and its consequences are obvious manner.

Fines and penalties

Discrimination includes three types of tangible consequences: fines, costs of litigation and bad publicity. Fines and penalties are imposed by federal or state agencies based on the investigation and discovery of discriminatory practices in the workplace. The Equal Employment Opportunity Commission (EEOC), the Department of Labor, Office of Federal Contract Compliance Program(OFCCP) and Wage and Hour Division (WHD) have congressional authority to impose fines and sanctions and support the agreements on behalf of employees where it is evident that there has been discrimination. The EEOC enforces Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination in employment. OFCCP enforces requirements under Executive Order 11246, and WHD enforces the laws contained in the Act Fair Labor Standards. In fiscal 2008, the WHD recovered more than $ 185 million in back wages for more than 228,000 employees in the fiscal year 2008, making a cumulative total of eight years of wages recovered by the agency totaled $ 1.4 billion.

Litigation costs

Costs are associated with litigation of employment discrimination claims. Attorneys’ fees, research expenses, and lost productivity are examples of the tangible consequences of discrimination in the workplace. Also, if it is determined that an employer has engaged in discriminatory practices, it has been known that the judges may order the employer to pay all attorney fees. In addition to the costs of litigation, they are the impressive sums of disciplinary damages, compensatory damages, back pay and restoration of employment in many cases. During fiscal 2009, the EEOC through the administrative activities of the agency secured more than $ 294.2 million in monetary benefits.

Profits and lost revenue

Another tangible result of discrimination, although more difficult to measure, is advertising on agreements, fines and penalties assessed employers. There may be decreased sales and income as a result of the coverage of the media. socially responsible consumers may not want to support a business that has been found guilty of discriminatory practices in employment. The websites of these agencies regularly published the fines applied to companies. On June 22, 2010, 16 agreements are in the press room of the EEOC website. The agreement last June 22, 2010, involves a clinical oral surgery in the Midwest, Oral Surgery Associates Maxillofacial LLP Sioux Falls SD, agreed to pay $ 95,000 in disciplinary and legal damage, plus $ 23,775 for the losses and interest. Many of these agreements and fines are not covered in local or national newspapers; however, the coverage they receive for being on the EEOC website is probably more revealing.

The Process Of Legally Terminating An Employee In Florida

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Florida is a jurisdiction of employment at will which means employers can terminate employees with or without cause and don’t have to give notice of termination in most situations. Employees can also leave the company at any time without any reason. Although employers can usually terminate employees without notice or cause, there are still federal employment laws that they still need to follow. For example, federal employment laws require them to give notice of termination if a company will lay off a large number of employees. In addition, anti-discrimination labor law prohibits employers from dismissing employees on grounds of discrimination and retaliation. Florida employers must comply with anti-discrimination laws, notice requirements and laws regarding the last paycheck to end their employees.

  • Give your employees at least 60 days of written notice if you are laying off large numbers of people. Under the federal Workers Adjustments and Retaining Notification Act you must give your employees at least 60 days prior written notice prior to termination if you’re laying off 50 workers or more on a site or a third of its full-time employees. Otherwise, you do not have to.
  • Pay your fired employee by his or her next regular pay day after termination. The United States Department of Labor does not require you to pay your employees who are dismissed immediately and allows states to enact laws immediate payment. The Florida Agency for Workforce Innovation administers the state labor laws and does not require you to pay your employees until your next regular payment date.
  • Give your dismissed employees the option to continue group health coverage. According to the Act Consolidated Omnibus Budget Reconciliation (COBRA), if you have at least 20 employees, and they’ve provided the optional health coverage group, you must allow employees who are dismissed to continue paying health coverage for at least 18 months after completion. Federal law does not require you to buy group coverage for the sole compliance with COBRA. In addition, you do not have to cover if you fired your employees for serious misconduct.
  • Make sure that you comply with federal laws about equal opportunities in employment.You cannot fire your employees for discriminatory reasons. Terminations based on race, national origin, religion and gender layoffs and terminations based on disability are discriminatory and illegal. Your employees can still sue you if you made them feel that they were treated differently based on the above characteristics.
  • Meet the federal whistleblower laws. You cannot terminate an employee if he or she made an earlier complaint alleging lack of compliance with health and safety regulations, failure wage laws or your breach of any other state or federal employment law. Your employee can file a whistleblower claim that he or she was fired as an act of retaliation.