Unfortunately, discrimination in the workforce is still relevant and makes the workplace uncomfortable, unsafe, and unsustainable for those affected. Discrimination in the workplace happens when an individual or a group of people is treated unfairly or unequally because of these specific characteristics:
- Race
- Ethnicity
- Gender identity
- Age
- Disability
- Sexual orientation
- Religious beliefs
- National origin
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for protecting you from these specific characteristics. The laws enforced by EEOC protect individuals from employment discrimination when it involves the following:
- Unfair treatment
- Harassment
- Denial of a reasonable workplace change
- Improper questions about or disclosure of your genetic or medical information
- Retaliation
While the EEOC is responsible for protecting individuals from these factors, individual states enforce laws that help combat discrimination in the workplace.
Additional Steps Georgia Is Taking
An ordinance passed by the Atlanta City Council amends its existing anti-discrimination law to include protections based on criminal history status and gender identity, which is effective immediately. Gender expression is the way individuals manifest masculinity or femininity through their clothes, hair, makeup, overall appearance, speech, or other behavior or form of personal presentation. The law amends existing law to include gender expression as an additional protected characteristic.
In addition, the law makes it unlawful to discriminate based on the criminal history of applicants and employees. However, the ordinance allows employment decisions based on criminal records as long as the employer considers specified factors in certain decisions. The ordinance provides an exclusion that states, “Adverse employment decisions based on criminal history status shall not be considered a violation of the law if the criminal history is related to the position’s responsibilities.” This is determined by the following factors:
- Whether the individual committed the offense
- The nature and gravity of the offense
- The amount of time since the offense
- The nature of the job
Additional Factors Of The Ordinance
As stated in the Atlanta ordinance, employers can continue to follow state or federal laws barring employment in certain positions based on criminal convictions or violations. In addition, the ordinance adds gender expression and criminal history status to pre-existing prohibitions on “printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination in employment.”
Stay Compliant With GMS'
When you partner with GMS, our team of experts ensures you remain compliant. We’ve got you covered regarding anti-discrimination laws in the workplace. You must consider reviewing background check policies and procedures to ensure compliance with federal, state, and local laws. However, we understand how challenging that can be. At GMS, we take on the administrative burdens associated with hiring and recruiting. Contact us today to learn more.