After you've defined what you want a new employee to do for you, develop a list of employee qualifications. This will help you to write an effective job ad, assess what comparably qualified employees are being paid, and screen resumes and applicants. You can measure each applicant against this list of qualifications.

Flexibility is key in this process. Be prepared to deal with applicants who exceed some of the required qualifications and fall short of others. Most people possess a unique skill set, and perhaps none will have exactly the qualifications you seek. Also, if you're replacing an existing employee, it's unlikely that you'll find someone with identical abilities. Use this as an opportunity to evaluate, and perhaps adjust, the duties of those employees whose job assignments were related to those of the employee being replaced.

With your job description in hand, map out the skills that are required to accomplish each of the activities. Consider these attributes, as well as any others that are specific to your business:

• experience
• education (what they have been taught)
• ability (what they can do)
• language skills
• physical abilities and strength
• state or local licensing or certification requirements

The better you can define these qualifications, the easier the rest of the recruiting and hiring process will go.

Be cautious that you don't run afoul of any of the legal restrictions on setting job requirements. You may be subject to state and federal rules relating to employment discrimination. Making hiring decisions based on age, gender, religion, national origin, English language skills, disabilities, and so on, are all regulated to some extent. Most federal antidiscrimination laws apply once you have 15 employees, and the states have other thresholds for their antidiscrimination laws. These rules apply from the very beginning of the recruiting process and continue through the employment termination process. It's important to comply with the relevant law in every action you take throughout the length of the employment relationship, and beyond.

Select a state from the map below to get information on that state's antidiscrimination laws:

Antidiscrimination Laws in Alaska    choose another state

Definition of employee. An employee is any individual who is employed by an employer but does not include an individual employed in the domestic service of another. Definition of employer. Employer is a person, including the state and a political subdivision of the state, that has one or more employees in the state but does not include a club that is exclusively social, or a fraternal, charitable, educational or religious association or corporation, if the club, association or corporation is not organized for private profit. Prohibited employment discrimination. Discrimination in employment because of an individual's race, religion, color, national origin (including ancestry), or because of a person's age, physical or mental disability, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical or mental disability, marital status, changes in marital status, pregnancy or parenthood is prohibited. In general, employers may not advertise job positions that expressly exclude persons from such classes from applying. Equal Pay. It is unlawful for an employer to discriminate in the payment of wages as between the sexes, or to employ a female in an occupation in Alaska at a salary or wage rate less than that paid to a male employee for work of the same or comparable character. Recordkeeping requirements. Employers must retain records on age, sex and race, that are required to administer the civil rights laws and regulations. The records are confidential and available only to federal and state personnel legally charged with administering civil laws and regulations. Statistical information completed from records on age, sex and race will be made available to the general public. Posting requirements. An employer who employs 15 or more employees at one time must post in the workplace a notice prepared by the State Commission for Human Rights that (1) sets out the federal definition of sexual harassment; (2) advises employees of the name, address, and telephone number of the state and federal agencies to which inquiries and complaints concerning sexual harassment may be made; and (3) sets out the deadlines for filing a complaint of sexual harassment with state and federal agencies. The employer must select prominent and accessible locations for posting the notice that will permit each employee to read the notice during the course of their regular employment duties

Antidiscrimination Laws in Alabama    choose another state

Definition of employee. Not specified. Definition of employer. "Employer" means any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Prohibited employment discrimination. No employer may discriminate against a worker 40 years of age and over in hiring, job retention, compensation or other terms or conditions of employment. Recordkeeping and posting requirements. Not specified.

Antidiscrimination Laws in Arkansas    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child; an individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility; or an individual employed outside the state. Definition of employer. Employer means a person who employs nine or more employees in Arkansas in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of an employer. The law doesn't apply to religious corporations, associations, societies or other religious entities. Prohibited employment discrimination. Employers must hire and retain individuals for employment without regard to race, religion, ancestry or national origin, gender, or the presence of any sensory, mental, or physical disability. Military Service Protection Act. Employers with five or more employees are prohibited from discriminating against an individual based on military service on any active or reserve component of the United States Armed Forces. Recordkeeping/posting requirements. Not specified.

Antidiscrimination Laws in Arizona    choose another state

Definition of employee. An employee is an individual employed by an employer but does not include an elected public official of the state, or any person chosen by such officer to be on the officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless the person or appointee is subject to the civil service laws of the state or any political subdivision of the state. Definition of employer. An employer is a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agent of an employer but not the United States, any department or agency of the United States, corporation of the United States or an Indian tribe; or a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the IRS code. However, to the extent that any person is alleged to have committed any acts of sexual harassment, "employer" means, for purposes of administrative and civil actions regarding such allegations of sexual harassment, a person who has one or more employees in the current or preceding calendar year. Not covered are religious corporations, associations, educational institutions or societies that employ individuals of a particular religion to perform work connected with such corporation, association, educational institution or society activities. Prohibited employment discrimination. Discrimination in employment because of an individual's race, color, religion, sex, age (age discrimination prohibitions apply to individual who are at least 40), handicap, national origin, or genetic testing results is prohibited. Recordkeeping requirements. Every employer that is covered by the state discrimination in employment prohibitions must make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed, and they must make reports as prescribed by the Civil Rights Division of the Attorney General's Office. Compliance with the reporting and recordkeeping regulations issued by the United States Equal Employment Opportunity Commission is considered to be compliance with Arizona's recordkeeping requirements. If an employer believes that any of the recordkeeping requirements would result in undue hardship, the employer may apply to the division for an exemption. Posting requirements. Every employer must post and keep posted a notice prepared or approved by the Civil Rights Division. The notice must be displayed in conspicuous places on the employer's premises where notices to employees, applicants for employment and members are customarily posted.

Antidiscrimination Laws in California    choose another state

Definition of employee. An employee is any individual under the direction and control of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written. Employee does not include any individual employed by his or her parents, spouse or child; any person employed under a special license in a nonprofit sheltered workshop or rehabilitation facility; or an independent contractor. Definition of employer. Employer includes any person regularly employing five or more individuals, including individuals performing any service under any appointment, contract of hire or apprenticeship, express or implied, oral or written, or an agent of an employer and the state or any political or civil subdivision of the state, but not a religious association or nonprofit corporation, except a religious association or corporation not organized for private profit. Prohibited employment discrimination. Employers must hire, promote, select for training, and conduct their other employment-related activities, including compensation, without regard to race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, actual or perceived sexual orientation, participation in politics, or becoming a candidate for public office. Age. It is an unlawful employment practice for an employer to refuse to hire or employ, or to discharge, dismiss, reduce, suspend or demote any individual over the age of 40 on the ground of the individual's age. Pregnancy, childbirth and related medical conditions. Employers must promote or select for training program without regard to pregnancy, childbirth or related medical condition of any female employee, provided she is able to complete the training program at least three months prior to the anticipated date of her pregnancy leave. With regard to pregnancy, childbirth or related medical condition, employers may not discharge from employment or a training program, or otherwise discriminate against in compensation, terms or conditions of employment any female employee. Preemployment inquiries and exams. It is unlawful for employers to require any medical or psychological inquiry of an employee or an applicant before or after an offer of employment has been made unless it relates to the ability to perform job-related functions, is consistent with business necessity and all entering employees in the same job classification are subject to the same exam or inquiry. Language. It is unlawful for employers to adopt or enforce a policy that limits or prohibits the use of any language in any workplace unless the language restriction is justified by a business necessity and the employer has notified its employees of the circumstances and the time when the language restriction is required to be observed and of the consequence for violating the language restriction. Genetic tests. It is unlawful for employers to subject any employee, applicant, or other person to a test for the presence of a genetic characteristic unless based upon a bona fide occupational qualification or applicable security regulations established by the U.S. or California. Retaliation. Employers may not discharge, expel, or otherwise discriminate against a person because the person opposes any unlawful employment practices or files a complaint, testifies, or assists in any enforcement proceeding. Disability. It is unlawful for employers to deny or to aid, incite, or conspire in the denial of the rights of individuals with disabilities, including the right to be accompanied by a guide dog, signal dog, or service dog. Volunteer firefighters. An employer may not discharge or discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. Gender identity. Employers are prohibited from discriminating against an individual based on gender identity, appearance and behavior. Employers are permitted to require employees to comply with reasonable workplace appearance, grooming, and dress standards consistent with federal and state law, provided that employees are allowed to appear or dress consistently with their gender identity. Assignment orders. Effective January 1, 2005, employers may not use an assignment order as grounds for denying an employee a promotion or for taking any other action adversely affecting employment. Pharmacists. Pharmacists who object to dispensing emergency contraception prescription drugs on the basis of their personal religious beliefs must notify their employers of their position in writing, and employers must establish protocols to ensure that patients have timely access to the prescribed drugs. Sexual Harassment Training. Employers with 50 or more employees are required to provide two hours of sexual harassment training and education to supervisory employees by 2006 and again once every two years. Also, employers must incorporate the training into the 80 hours of training provided to all new supervisory employees, using existing resources. Recordkeeping requirements. Employers that are subject to California's antidiscrimination in employment laws must maintain and preserve any and all job applications, personnel, membership or employment referral records and files for a minimum period of two years after the records and files are initially created or received, and retain personnel files of applicants or terminated employees for a minimum period of two years after the employment action — failure to hire or termination — was taken. If a verified complaint is filed against an employer, it must retain and preserve these records and files until the complaint is fully and finally disposed of, including all appeals. For the state Personnel Board, the required retention period is one year. Posting requirements. The California Fair Employment and Housing Commission requires that an equal employment opportunity poster be displayed in a prominent and accessible location in the workplace by every California employer. California employers must post applicable minimum wage/overtime pay wage orders, a wage payment notice, a child labor notice (agriculture), an unemployment insurance notice, a sexual harassment notice and a pregnancy rights notice, a notice pertaining to the availability of assistive listening systems and computer-aided transcription systems for use in court proceedings, a family care leave rights notice and a voting leave notice.

Antidiscrimination Laws in Colorado    choose another state

Definition of employee. Employee is any person employed by an employer, except a person in domestic service of any person. Definition of employer. Employer means the state or any political subdivision, commission, department, institution or school district of the state, and every other person employing persons within the state, but it does not mean religious organizations or associations, except organizations or associations supported, in whole or in part, by money raised by taxation or public borrowing. Employers with 25 or fewer employees may not discharge or refuse to hire a person or employee solely on the basis that the person or employee is married to or plans to marry another employee of the employer, unless one spouse would supervise the other, one spouse would audit or be entrusted with money handled by the other, or one spouse has access to the employer's confidential records. Prohibited employment discrimination. Employers may not discriminate against employees or job applicants on the basis of disability, race, creed, color, sex, age, national origin or ancestry. It is not discriminatory or an unfair employment practice to refuse to hire persons with disabilities if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualified the person from the job and the disability has a significant impact on the job. Employers may not terminate an individual because the individual engages in any lawful activity off the employer's premises during non-working hours. Recordkeeping requirements. Employers must keep all records relevant to a job bias complaint until its final disposition. Posting requirements. Employers must conspicuously display a poster prepared by the Colorado Civil Rights Commission, outlining the Fair Employment Practices law, in easily accessible and well-lighted places customarily frequented by employees and applicants for employment. There is no charge for the poster.

Antidiscrimination Laws in Connecticut    choose another state

Definition of employee. Employee means any person employed by an employer but does not include any individual employed by his or her parents, spouse or child, or in the domestic service of another. Definition of employer. Employer includes the state and all political subdivisions of the state and any person employing three or more workers. For purposes of the prohibition on discrimination against smokers and the electronic monitoring provisions, employer includes anyone engaged in business who has any employees. Prohibited employment discrimination. Employers may not discriminate against employees or job applicants on the basis of race, color, religious creed, age, sex, marital status, national origin, ancestry, present or past history or mental disorder, mental retardation, learning disability, or physical disability, including, but not limited to, blindness, or genetic information. Sexual orientation and smoking preference. Separate provisions prohibit employment discrimination on the basis of sexual orientation and on the basis of smoking preference outside of the course of employment. Religious organizations are excepted from the ban on sexual orientation discrimination. Excepted from the ban against discrimination on the basis of smoking preference are nonprofit organizations whose primary purpose is to discourage the use of tobacco products. Employers or their agents may not require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of employment, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of employment. Any nonprofit organization or corporation whose primary purpose is to discourage the use of tobacco products by the general public is exempt from this law. Age Discrimination. Requiring medical examinations for older employees for the purpose of determining such employees' physical qualification for continued employment is not unlawful. Recordkeeping/posting requirements. Employers must post information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment. Employers must post notices regarding compliance with Connecticut's Fair Employment Practices Act as provided by the Commission on Human Rights and Opportunities. Electronic monitoring. Except as provided below, each employer who engages in any type of electronic monitoring must give prior written notice to all employees who may be affected, informing them of the types of monitoring that may occur. Each employer must post, in a conspicuous place that is readily available for viewing by its employees, a notice concerning the types of electronic monitoring that the employer may engage in. Such posting will constitute such prior written notice. When (1) an employer has reasonable grounds to believe that employees are engaged in conduct that (a) violates the law, (b) violates the legal rights of the employer or the employer's employees, or (c) creates a hostile workplace environment, and (2) electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice. The electronic monitoring provisions do not apply to a criminal investigation. Any information obtained in the course of a criminal investigation through the use of electronic monitoring may be used in a disciplinary proceeding against an employee .

Antidiscrimination Laws in District of Columbia    choose another state

Definition of employee. Any individual employed by or seeking employment from an employer. Definition of employer. An employer is any person who, for compensation, employs an individual, except for the employer's parent, spouse, children or domestic servants, engaged in work in and about the employer's household; any person acting in the interest of an employer, directly or indirectly; and any professional association. Not covered are religious or political organizations operated for charitable or education purposes that are operated, supervised or controlled by a religious or political organization to promote their religious or political principles. Prohibited employment discrimination. It is an unlawful discriminatory practice for an employer to discriminate against employees or job applicants based on race (of the employee or job applicant and that of individuals with whom the employee or applicant has a relationship), color, religion, national origin, sex (including pregnancy, childbirth, and related medical conditions), age (defined as being between 18 and 65), marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities (the state of being or the potential to become a contributor to the support of a person or persons in a dependent relationship), physical handicap (a special law applies the antidiscrimination in employment provisions to "the blind and the otherwise physically disabled"), matriculation (the condition of being in a college or university; in a business, nursing, professional, secretarial, technical or vocational school; or in an adult educational program on a full- or part-time basis) or political affiliation. The prohibition also covers discrimination against individuals in admission to or employment in any training or retraining program. Religious accommodation. Employers of five or more employees must make a reasonable accommodation for an employee's religious observance by permitting the employee to make up time lost due to the observance, unless an accommodation would cause the employer undue hardship. Use of tobacco products. Employment discrimination based on the use of tobacco or tobacco products is prohibited, but employers may establish restrictions on smoking in the workplace based on a bona fide occupational qualification. Effective April 3, 2006, an employer can not discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer, because that employee, applicant, or customer exercises any rights afforded by the smokefree workplace law or reports any violation of the law. Genetic information. Effective April 5, 2005, employment discrimination based on genetic information is prohibited. An exemption allows for the use of genetic testing or information with the written and informed consent of the employee or applicant to determine the existence of a bona fide occupational qualification, investigate a workers' compensation or disability compensation claim, or to determine an employee's susceptibility or exposure to potentially toxic substances in the workplace. Recordkeeping requirements. Every employer that is subject to the antidiscrimination in employment law must preserve any regularly kept business records for a period of six months from the date the record was made or from the date of the action that is the subject of the record, whichever is longer. Records should include application forms, credit and reference reports, personnel records and any other records pertaining to the status of an individual's enjoyment of the rights and privileges protected or granted under the Human Rights Act. Posting requirements. Every employer that is subject to the Human Rights Act must post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated, a notice whose language and form have been prepared by the District of Columbia Office of Human Rights, outlining the Human Rights Act and providing information pertinent to the filing of a complaint.

Antidiscrimination Laws in Delaware    choose another state

Definition of employee. Employee means an individual employed by an employer, but does not include: (1) any individual employed in agriculture or in the domestic service of any person; (2) any individual who, as part of his or her employment, resides in the personal residence of the employer; and (3) any individual employed by his or her parents, spouse or child. Definition of employer. Employer includes the state or any political subdivision or board, department, commission or school district of the state and any person employing four or more persons within the state, but generally does not include religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations. With respect to discrimination based on race, color, age or national origin, employer includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons within the state. For purposes of the law prohibiting discrimination based on disability, employer includes the state or any political subdivision or board, department, commission or school district of the state and any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. For purposes of the electronic monitoring provisions, employer includes any individual, corporation, partnership, firm, association, and the state or any of its agencies or subdivisions. Prohibited employment discrimination. Employers may not discriminate against employees or job applicants on the basis of race, marital status, color, age (includes only persons between the ages of 40 and 70), religion, sex, genetic information, or national origin. Discrimination in training and retraining programs is also prohibited. Disability. Employment discrimination based on an individual's disability is also prohibited. Recordkeeping requirements. Employers are required to make and maintain records relevant to whether unlawful employment practices have been or are being committed. Employers must preserve and make reports from those records as required by the Department of Labor. Posting requirements. Every employer must post and keep posted in conspicuous places on its premises, where notices to employees and job applicants are customarily posted, a notice prepared or approved by the Department of Labor outlining the antidiscrimination in employment law and information pertinent to the filing of a complaint. Failure to comply with these posting requirements is punishable by a fine. Electronic Monitoring. Employers many not monitor or otherwise intercept any telephone conversation or transmission, e-mail or transmission, or Internet access or usage of or by an employee unless the employer either provides an electronic notice of the monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses employer-provided e-mail or Internet access services, or has first given a one-time notice to the employee of its monitoring or intercepting activity or policies. The notice must be in writing, in an electronic record or in another electronic form and acknowledged by the employee either in writing or electronically. This provision does not apply to activities of any law enforcement officer acting under a court order.

Antidiscrimination Laws in Florida    choose another state

Definition of employee. For purposes of the equal pay law, employee means any person employed by an employer, including the state and any of its political subdivisions or instrumentalities. Definition of employer. Employer means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agency of such a person. Not covered are religious corporations, associations, educational institutions, or societies that limit employment to members or persons who subscribe to their beliefs. For purposes of the equal pay law, employer means any person who employs two or more employees. Prohibited employment discrimination. Employers may not discriminate against employees or job applicants on the basis of race, color, religion, sex, national origin, age, handicap or marital status. Antinepotism policies are permitted. AIDS. An employer may not discriminate against an employee or job applicant on the basis of knowledge or belief that the individual has taken a human immunodeficiency test or the results or perceived results of such a test, unless the absence of HIV infection is a bona fide occupational qualification of the job in question. Sickle-cell trait. No employer may discriminate against an employee or job applicant solely because the employee or job applicant has the sickle-cell trait, or require screening or testing for the sickle-cell trait as a condition of employment. Equal Pay. An employer may not discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on the performance of jobs which require equal skill, effort and responsibility and which are performed under similar working conditions. Recordkeeping/posting requirements. Employers must post in a conspicuous place any notice provided by the Florida Commission on Human Relations that are necessary to effectuate the Florida Civil Rights Act.

Antidiscrimination Laws in Georgia    choose another state

Definition of employee. Not specified. Definition of employer. Persons employing one or more workers are subject to the prohibition against discrimination based on age; persons employing 10 or more workers are subject to provisions prohibiting unequal pay for equal work based on sex; employers with 15 or more employees are prohibited from discrimination against people with disabilities. Prohibited employment discrimination. Employment discrimination based on age (applies only to individuals between the ages of 40 and 70 years) and disability is prohibited in Georgia. Employers with 10 or more employees may not pay members of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs requiring equal skill, responsibility, etc. Recordkeeping/posting requirements. Posting requirements apply only to public (i.e., government) employers. Employers subject to the equal pay law must keep an abstract or copy of the law posted in a conspicuous place in or about the premises where any employee is employed.

Antidiscrimination Laws in Hawaii    choose another state

Definition of employee. Not specified. Definition of employer. Employer includes any one employing one or more employees, including the state and its political subdivisions but not the United States. Not covered are religious or denominational organizations, or organizations operated for charitable or educational purposes, that are operated, supervised, or controlled by a religious organization that employ individuals of a particular religion to promote its religious principles. Prohibited employment discrimination. Discrimination in employment based on race, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, age, religion, color, ancestry, disability, genetic information, marital status, arrest and court records or assignment of income for the purpose of child support obligation is prohibited. Equal pay. Effective April 28, 2005, employers can not pay an employee at a different rate than another employee of the opposite sex if the job requires equal skill, effort, and responsibility and is performed under similar working conditions. Pay differentials resulting from a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bona fide occupational qualification, or a differential based on any other permissible factor other than sex would not violate this rule. Recordkeeping requirements. Every employer is required to make and keep records relevant to the Fair Employment Practices Act and make reports as prescribed by the Commission on Employment and Human Resources. Posting requirements. As relief or penalty for an employment practices violation, an employer may be directed to conspicuously post notices setting forth requirements for compliance with the Fair Employment Practices Act or other relevant information that the Commission determines necessary to explain the Act.

Antidiscrimination Laws in Iowa    choose another state

Definition of employee. Employee means any person employed by an employer but does not include individuals who work in the employer's home if the employer or members of the employer's family live in the home during the period of employment; or the employment of individuals to render personal service to the employer or the employer's family. Definition of employer. Employer means the state or any political subdivision, board, commission, department, institution or school district of the state and every other person employing four or more workers within Iowa. Employer does not include any employer who regularly employs less than four individuals, or religious institutions, educational facilities, associations, corporations or societies for purposes of qualifications for employment based on religion when those qualifications are related to a genuine religious purpose. Prohibited employment discrimination. Employers may not discriminate against employees and job applicants on the basis of age, race, creed, color, sex, national origin, religion, pregnancy, or disability. Discrimination based on a person's having or being tested for HIV or AIDS is also prohibited. Recordkeeping requirements. Not specified. Posting requirements. As relief or penalty for civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Civil Rights Act and to include this information in all advertising materials.

Antidiscrimination Laws in Idaho    choose another state

Definition of employee. No general provisions specified. For purposes of the equal pay law, employee means any individual employed by an employer, including the state or any of its political subdivisions. Definition of employer. Employer is one that hires five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year whose services are to be partially or wholly performed in Idaho, except for domestic servants hired to work in and about the employer's household. Included in the definition of employer are contractors or subcontractors that furnish material or perform work for the state, any agency of or any governmental entity within the state and any agent of an employer. Religious corporations, associations, or societies that employ individuals of a particular religion to perform work for the carrying on of their religious activities are not covered. Prohibited employment discrimination. Discrimination against employees and job applicants in employment practices is prohibited when based on race, color, religion, sex, national origin, age (40 and over) or disability. Recordkeeping requirements. Not specified. Posting requirements. Idaho employers must display an employment discrimination poster.

Antidiscrimination Laws in Illinois    choose another state

Definition of employee. Employee includes any person performing services for remuneration within Illinois for an employer, an apprentice and an applicant for employment. Employee does not include domestic servants in private homes, individuals employed by persons who are not employers as defined by the Human Rights Act, elected public officials and members of their immediate personal staffs, principal administrative officers of the state or of any political subdivision, municipal corporation or other governmental unit or agency and a person in a vocational rehabilitation facility certified under federal law who has been designated an evacuee, trainee or work activity client. Definition of employer. Employer includes any person employing 15 or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year of the alleged violation; the state and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees; any party to a public contract without regard to the number of employees; and a joint apprenticeship or training committee without regard to the number of employees. For purposes of discrimination based on physical or mental handicap unrelated to ability, or for a sexual harassment complaint, employer is any person employing one or more employee. Employer does not include any religious corporation, association, educational institution, society or nonprofit nursing institution conducted by and for those who rely on treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or nonprofit nursing institution of its activities. Prohibited employment discrimination. Discrimination in employment practices against employees and job applicants on the basis of race, color, religion, sex, national origin, ancestry, citizenship, age, marital status, sexual orientation, physical or mental handicap, arrest record or unfavorable discharge from military service. Gender-based wage discrimination is prohibited. Use of lawful products. Employers may not discriminate in employment practices on the basis of employees' or job applicants' use of lawful products, including tobacco or alcohol, outside the workplace during nonworking hours. Use of native language. It is a civil rights violation for an employer to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee's duties. For the purposes of this law, "language" means a person's native tongue, and does not include such things as jargon, profanity or vulgarity. The Methamphetamine Precursor Control Act. Retail distributors of any targeted methamphetamine precursor are required to train sales employees on the subject. Recordkeeping requirements. All employers that are subject to the Human Rights Act must preserve and maintain the following employment and personnel records, to the extent that they exist, for the periods indicated: All applications for employment together with all resumes and other documents or supporting materials submitted by or on behalf of applicants, for one year from the date of application. Copies of all interview forms, aptitude or qualifying examinations, personal history or background examination reports and other documents pertaining to each applicant, for one year from the date of application. Each employee's personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, suspension, layoff, termination or resignation records, for one year from the date of termination or separation from employment. All job descriptions, production standards and other records of required job duties, qualifications and performance criteria, for one year following the date they cease to be effective. Posting Requirements. As relief or a penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary.

Antidiscrimination Laws in Indiana    choose another state

Definition of employee. Employee means any person employed by another for wages or salary, but does not include an individual employed by his or her parents, spouse or child, or in the domestic service of another. Definition of employer. Employer means the state or any political or civil subdivision of the state and any person employing six or more persons in Indiana, but does not include a nonprofit corporation or association organized exclusively for fraternal or religious purposes; any school, educational or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation or association that is not organized for profit. For purposes of the law against discrimination on account of age, employer means any person in Indiana employing one or more individuals, the state and all political subdivision, boards, departments and commissions, but not religious, charitable, fraternal, social, educational or sectarian corporations or associations not organized for private profit, other than labor organizations and nonsectarian corporations or organizations engaged in social service work; or a person or governmental entity that is subject to the federal Age Discrimination in Employment Act (ADEA). Prohibited employment discrimination. Discriminatory employment practices that exclude an individual from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry are prohibited. Age. It is unlawful for an employer to refuse to hire or rehire any person solely because of age if the person has attained the age of 40 and has not attained the age of 70. Smokers. An employer may not require as a condition of employment that employees or prospective employees refrain from using tobacco products outside the course of employment. Effective July 1, 2006, an employer may implement financial incentives intended to reduce employee tobacco use and related to employee health benefits provided by the employer. An employer can not discriminate against an employee based on the employee's use of tobacco products outside the course of the employee's employment. Volunteer firefighters. Effective July 1, 2005, an employer may not discipline an employee who is a volunteer firefighter or volunteer emergency medical services association member for being late to work when the employee is responding to a fire or an emergency call. Jury service. Effective July 1, 2006, if a person is summoned to serve as a juror and notifies his or her employer of the jury summons within a reasonable period of time after receiving the jury summons and before the person appears for jury service, then the person's employer may not subject the person to any adverse employment action as a result of the person's jury service. An employee can not be required or requested to use annual vacation or sick leave for time spent responding to a summons for jury service; participating in the jury selection process; or serving on a jury. An employer is not required to provide annual vacation or sick leave to an employee who is not otherwise entitled to these benefits. Alcohol servers. Employers of employees who serve alcohol must make sure that both they and their employees complete a certified alcohol server trainer program. Recordkeeping/posting requirements. Every employer must keep true and accurate records of the ages of its employees, as reported by each employee. The records must be open to investigation by the Commissioner of Labor at any reasonable time. Each employer, employment agency, labor organization, or joint management committee covered under Indiana's Employment Discrimination Against Disabled Persons Act must post notices in a format accessible to applicants, employees and members describing the provisions of the law.

Antidiscrimination Laws in Kansas    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person. Definition of employer. Employer includes any person in Kansas employing four or more persons and any person acting directly or indirectly for an employer, labor organizations, nonsectarian corporations, organizations engaged in social service work, the state and all its political and municipal subdivisions, but not nonprofit fraternal or social associations or corporations. Prohibited employment discrimination. It is unlawful to discriminate in employment practices on the basis of race, religion, color, sex (including pregnancy and childbirth), disability, national origin or ancestry. Age. It is a prohibited employment practice for an employer to refuse to hire or employ a person, to bar or discharge a person from employment or to otherwise discriminate against a person in compensation or in terms, conditions or privileges of employment based on age. It is also unlawful to limit, segregate, separate, classify or make any distinction in regard to employees based on age without a valid business motive. AIDS/HIV. Information regarding cases of AIDS or HIV infection reported to state officials as required by law must not be used in any form or manner that would lead to the discrimination against any individual or group with regard to employment. Recordkeeping requirements. Not specified. Posting requirements. Employers that are subject to the Kansas Act Against Discrimination must keep posted in a conspicuous place or places on their premises a notice prepared by the Kansas Human Rights Commission setting forth excerpts of the law. Every person subject to Kansas' age discrimination law must keep posted in a conspicuous place or places on the person's premises notices to be prepared or approved by the commission that set forth excerpts of the age discrimination law and other relevant information that the commission considers necessary to explain the law.

Antidiscrimination Laws in Kentucky    choose another state

Definition of employee. Employee means an individual employed by an employer but does not include an individual employed by his or her parents, spouse or child, or an individual employed to render services as a domestic in the home of the employer. Definition of employer. Employer means a person who has eight or more employees within the state in each of 20 or more calendar weeks in the current or preceding calendar year and an agent of an employer. Persons employing two or more workers are subject to provisions prohibiting unequal pay for equal work based on sex. For purposes of discrimination based on disability, employer means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agent of an employer. Employer, with regard to disability, does not include the United States, a corporation wholly owned by the government of the United States or an Indian tribe or a bona fide private membership club, other than a labor organization, that is exempt from taxation under section 501(c) of the IRS code. Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices on the basis of an individual's race, color, religion, national origin, sex (including pregnancy, childbirth, or related medical conditions), age (40 and over), disability, or smoking preference outside the workplace. Emergency responders. The Volunteer Firefighter and Emergency Services Leave law provides that an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of emergency management is protected from discharge for leaves of absences due to injury incurred in the line of duty. The law allows employers to request specific information about an injury from the appropriate agency and physicians. Recordkeeping requirements. Employers that are subject to Kentucky's Fair Employment Practices Act must make and keep records relevant to the determination of whether unlawful practices have been or are being committed for one year after the record was made, or until final determination of a discrimination complaint, whichever is later. Posting requirements. Employers may be directed to post notices in conspicuous places as a relief or a penalty for a fair employment practice violation. Employers subject to Kentucky's equal pay law must keep an abstract or copy of the law posted in a conspicuous place in or about the premises where any employee is employed. Upon request, employers will be furnished copies or abstracts of the law by the state without charge.

Antidiscrimination Laws in Louisiana    choose another state

Definition of employee. Employee means an individual employed by an employer. Definition of employer. Employer has the following meaning under the Louisiana Employment Discrimination Law: a person, association, legal or commercial entity, or the state, its agencies, boards, commissions, or political subdivisions receiving services from an employee and, in return, giving compensation of any kind to an employee. For purposes of Louisiana's discrimination provisions on race, color, religion, sex and national origin, employer means an employer who employs 20 or more employees within Louisiana for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and also includes an insurer with respect to appointment of insurance agents, regardless of the character of the agent's employment. Employment of an individual by a parent, spouse, or child, employment in the domestic service of the employer and employment by a private educational or religious institution or any nonprofit corporation, or the employment by a school, college, university or other educational institution or institution of learning of persons having a particular religion if the institution is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum is directed toward the propagation of a particular religion is not covered. For purposes of discrimination on the basis of pregnancy, childbirth, and related medical conditions, employer means those who employ at least 25 individuals for each working day of 20 or more calendar weeks in the current or preceding calendar year. For purposes of the discrimination provisions of Louisiana's smoking in the workplace law, all employers are covered. Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices against individuals on the basis of race, color, religion, sex, national origin, disability, age (over 40), pregnancy, childbirth, or related medical conditions, or sickle cell trait. Employers contracting with the state may not discriminate against or harass employees on the basis of race, color, religion, sex, sexual orientation, national origin, political affiliation or disability. Workers' compensation claims. Discrimination in hiring practices based on an individual's assertion of a claim for workers' compensation in Louisiana or any other state is prohibited. Smoking preference. Discrimination in hiring practices based on an individual's decision to smoke or not smoke outside of the workplace is prohibited. The prohibition includes requiring that applicants for employment agree not to smoke outside the course of employment as a condition of employment. Recordkeeping requirements. Not specified. Posting Requirements Age. Posting of a prepared extract is required in connection with the law governing discrimination on account of age. Employers covered by the law must post a notice prepared by the Department of Labor in conspicuous places on their premises. Sickle cell trait. Posting of a prepared extract of the law governing discrimination because of sickle cell trait is required. The notice is prepared by the Department of Labor. Genetic testing. Every employer must post and keep posted in conspicuous places upon its premises a notice, to be prepared by the Department of Labor, setting forth information the department deems appropriate to effectuate the purposes of the genetic nondiscrimination and privacy in the workplace law.

Antidiscrimination Laws in Massachusetts    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person. Definition of employer. Employer does not include employers with fewer than six employees, social clubs, or nonprofit organizations but does include the commonwealth and all its political subdivisions. Prohibited employment discrimination. It is unlawful for an employer to base its hiring or employment decisions on the individual's race, color, religious creed, national origin, sex, sexual orientation (except when the sexual orientation involves minor children as the sex object), genetic information, ancestry, age, disability, or failure to furnish an arrest record that is five or more years old. It is unlawful for an employer to deny initial employment, reemployment, retention in employment, promotion or any benefit of employment to a person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States, including the National Guard, on the basis of that membership, application or obligation. Retaliatory action against medical workers who object to participating in the collection and storage of umbilical cord blood and placental tissue on the basis of sincerely held religious practices or beliefs regarding blood transfer is prohibited. In addition, an employee can not be required to conduct scientific research, experimentation or study that involves the creation or use of preimplantation embryos in relation to human embryonic stem cell research to the extent that such research conflicts with the sincerely held religious practices or beliefs of the employee. Recordkeeping requirements. Every person must keep true and accurate records of the ages of all persons it employs, as far as practicable to do so, and must upon demand furnish to the Commissioner of Labor and Industries or the commissioner's authorized representative a true copy of any such record, verified upon oath. The records must be open to investigation by the commissioner or the commissioner's authorized representative at any reasonable time. Employers of 25 or more workers on each working day in each of 20 or more calendar weeks in the current or preceding calendar year are required to make and keep records relating to the race, color and national origin of their employees, which are necessary for showing compliance with the Fair Employment Practices Law. Posting requirements. Every employer that is covered by the Fair Employment Practices Law must post in a conspicuous place on its premises a notice prepared by the Massachusetts Commission Against Discrimination, setting forth excepts of the law. In addition, employers with six or more employees must adopt a sexual harassment policy and annually provide an individual written copy of it to all employees.

Antidiscrimination Laws in Maryland    choose another state

Definition of employee. Employee means an individual employed by an employer but not a person elected to public office or any person chosen by a public officer to be on the officer's staff or an appointee on the policy making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office, other than employees subject to state or local civil service laws. Definition of employer. The term employer means a person engaged in industry or business who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agent of an employer, and the state but not a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the IRS code. Prohibited employment discrimination. It is an unlawful employment practice to discriminate in hiring or employment practices, including compensation, against an individual on the basis of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, refusal to submit to, or make available the results of, a genetic test, or physical or mental disability that is unrelated in nature and extent so as to reasonably preclude the performance of the employment. Sexual orientation protections may not be construed to require or prohibit an employer to offer insurance benefits to unmarried domestic partners. Pregnancy and childbirth. Employers must treat disabilities caused or contributed to by pregnancy or childbirth as temporary disabilities for all job-related purposes under the employer's health or temporary disability insurance or sick leave plan. Retaliation. It is an unlawful employment practice for an employer to discriminate against any of its employees or applicants for employment because he or she has opposed an unlawful employment practice or because the individual has made a charge, testified, assisted, or participated in any fair employment investigation, proceeding or hearing. Exceptions to Fair Employment Practice Act. Exceptions to the Act include, bona fide occupational qualifications, seniority or benefit system, dress and grooming standards directly related to the nature of employment of the employee, religious organizations where the curriculum is directed toward the propagation of a particular religion and the Boy Scouts and Girl Scouts of America with respect to the employment of individuals of a particular sexual orientation to perform work connected with their activities. Recordkeeping requirements. Employers must keep each record that the Commissioner of Labor and Industry requires on wages of employees, job classification of employees, and other conditions of employment. Employers must keep the required records for the period of time that the commissioner requires, and on the basis of the required records, an employer must make each report that the commissioner requires. Posting requirements. Maryland's Human Rights Commission has a prepared poster outlining the state's employment discrimination law. The Commissioner of Labor and Industry must provide without charge, upon request of employers, a copy of the equal pay law and employers must keep posted conspicuously in each place of employment a copy of the law.

Antidiscrimination Laws in Maine    choose another state

Definition of employee. Employee means an individual employed by an employer, but does not include any individual employed by his or her parents, spouse or child. Definition of employer. Employer includes any person in Maine employing any number of employees, any person outside the state employing any number of employees in the state, any person acting in the interest of an employer, and any labor organization, but does not include a nonprofit religious or fraternal corporation or association (except in the case of disability discrimination). Prohibited employment discrimination. It is unlawful to discriminate against employees and job applicants on the basis of race, color, sex (including pregnancy and related medical conditions), sexual orientation, physical or mental disability, religion, age, ancestry or national origin. Smoking preference. Employers may not require as a condition of employment that individuals refrain from using tobacco products outside the course of their employment and may not otherwise discriminate against individuals for using tobacco products outside the course of employment. HIV testing. An employee or applicant for employment may not be required to submit to an HIV test or reveal whether the employee or applicant for employment has obtained an HIV test as a condition of employment or to maintain employment, except when based on a bona fide occupational qualification. Whistleblower provisions. Maine whistleblower protection law contains provisions specifically protecting safety and health care workers. Volunteer firefighters. All employers are prohibited from discharging or taking any other disciplinary action against an employee who fails to report for work at the beginning of his or her regular working hours because of response to an emergency as a volunteer firefighter, provided the employee reported for work as soon as reasonably possible after being released from the emergency. An employer may charge the lost time against the employee's regular pay or available leave time. Notice is required where time permits. Employers can request verification from the chief of the volunteer fire department. This provision may not apply to employees designated as essential or where the employee and employer have a signed, written agreement governing the procedures to take for such emergency response. Recordkeeping requirements. Any personnel or employment record (including application forms, applicant rating sheets, tests and records having to do with job referral, hiring, promotion, demotion, transfer, layoff, rates of pay or other items of compensation, seniority, labor organization membership or selection for training or apprenticeship) made or kept by an employer, must be preserved for at least one year from the date of making or the personnel action involved, whichever is later. Records of employees that are involuntarily terminated must be kept for one year. Prior to a person's employment employers may not make or keep a record of race or color, sex, physical or mental disability, religion, age, ancestry or national origin, except under physical or mental disability when an employer requires a physical or mental examination prior to employment, a privileged record of that examination is permissible if made and kept in compliance with Maine's Human Rights Act. Employers may make a record of such features of an individual after employment as are needed for identification, provided that the records are intended and used in good faith solely for identification, and not for the purpose of discrimination. Records of features regarding physical or mental disability that are collected must be collected and maintained on separate forms and in separate files and be treated as confidential records. Posting requirements. Employers are required to post notices stating that sexual harassment is illegal and explaining the remedies available to victims of such harassment. Other types of posting may be required from employers who have violated the state's discrimination laws in the past. Maine's Human Rights Commission has a prepared poster outlining the state's employment discrimination law.

Antidiscrimination Laws in Michigan    choose another state

Definition of employee. Employee does not include an individual employed in the domestic service of any person. Definition of employer. Employer means a person who has one or more employees and includes an agent of an employer. Disability. Employer also includes a person working as a contractor or subcontractor, furnishing material or performing work for the state or a governmental agency of the state and the agent of an employer. Prohibited employment discrimination. It is unlawful to discriminate against an employee or job applicant on the basis of the individual's disability, religion, race, color, national origin, age, sex (including pregnancy, childbirth or related medical conditions), height, weight, marital status or refusal to provide an arrest records that did not result in a conviction. Recordkeeping requirements. Employers may not make or keep a record of information or disclose information concerning the disability of a prospective employee for reasons contrary to the provisions or purposes of the Persons with Disabilities Civil Rights Act. Posting requirements. An employer must post notices or use other appropriate means to provide all employees and job applicants with notice of the complaint procedures under the Persons with Disabilities Civil Rights Act. As relief or penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Civil Rights Act or other relevant information that the Commission determines necessary to explain the Act.

Antidiscrimination Laws in Minnesota    choose another state

Definition of employee. Employee means a person who is employed by an employer and who resides or works in Minnesota. Employee includes a commissioned salesperson who works or resides in the state. Employee does not include a person employed by his or her parent, grandparent, spouse, child or grandchild, or in the domestic service of any person. Definition of employer. Employer means a person with one or more employees. Prohibited employment discrimination. Except when based on a bona fide occupational qualification, it is an unfair employment practice to discriminate against job applicants or employees on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, age (under 70 years of age), or use of lawful consumable products off the employer's premises during nonworking hours. Employers with 15 part-time or full-time employees during 20 or more calendar weeks in the current or preceding calendar year must make reasonable accommodation to the known disability of a qualified disabled person or job applicant unless the employer can demonstrate that the accommodation would impose an undue hardship on the business, agency, or organization. Employers must, with respect to all employment-related activities, treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodations. Business discrimination. It is an unfair discriminatory practice for a person engaged in a trade or business or in providing a service to refuse to do business with or provide a service to a woman based on her use of her current or former surname; to impose that a woman use her current surname rather than a former surname as a condition of doing business; or to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performances of the contract because of a person's race, national origin, color, sex, sexual orientation, or disability, unless the alleged refusal or discrimination is because of a legitimate business purpose. Crime victims. Effective August 1, 2005, an employer can not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment, because the employee took reasonable time off from work to attend a criminal proceeding. Bioterrorism. Minnesota has employment protections in place for employees who have been subject to isolation or quarantine for a communicable disease believed to be caused by bioterrorism or new or previously controlled or eradicated agents or toxins. Recordkeeping requirements. Not specified. Posting requirements. Every employer must post in a conspicuous place a notice written or approved by the Commissioner of Labor and Industry stating that the mandatory retirement age is age 70.

Antidiscrimination Laws in Missouri    choose another state

Definition of employee. Not specified, but for purposes of the equal pay law, employee means every woman or man in receipt of or entitled to compensation for labor performed for any employer. Definition of employer. Employer includes the state, any political subdivision of the state and any person employing six or more persons within Missouri or their agent, but not corporations and associations owned and operated by religious or sectarian groups. Equal Pay. For purposes of the equal pay law, employer means every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any woman or man employed at any labor, or responsible, directly or indirectly, for the wages of another. Abortion. For purposes of the law prohibiting employment discrimination based on an individual's refusal to participate in an abortion, employer means a person with two or more employees in Missouri, as well as the state and its political subdivisions. Prohibited employment discrimination. It is an unlawful employment practice for an employer to refuse to hire an individual based on the individual's race, color, religion, national origin, sex, ancestry, age (40 or over, but less than 70) or disability. Abortion. A separate law makes it unlawful to discriminate against job applicants because of their refusal to participate in an abortion (to perform, assist in, refer for, promote, procure, undergo or counsel a woman to have an abortion that is not necessary to save the life of the mother). Genetic testing. Employers are prohibited from discriminating against an individual on the basis of genetic information or genetic test results. Use of lawful products. Employers may not discriminate in their hiring practices against individual who use lawful alcohol or tobacco products off the employer's premises during nonworking hours unless such use interferes with the duties and performance of the employee, his coworkers, or the overall operation of the employer's business. Bona fide occupational qualifications. Bona fide occupational qualifications permit discriminatory behavior. Sex discrimination guidelines. The bona fide occupational qualification exception to the discrimination rules as to sex is strictly and narrowly construed. Recordkeeping requirements. Any personnel or employment record made or kept by an employer must be preserved for one year from the date the record is made or from the date of the personnel action involved, whichever occurs later. Covered documents include application forms, hiring records, records of promotion, demotion, transfer, layoff, or termination, rates of pay or other terms of compensation and records of selection for training or apprenticeship. Posting requirements. Every employer that is covered by the Fair Employment Practices Act must display a poster prepared by the Missouri Commission on Human Rights in a place where other employee notices are posted or in a conspicuous place wither employees will have access to it.

Antidiscrimination Laws in Mississippi    choose another state

Definition of employee/employer. Mississippi does not have a general law prohibiting employment discrimination for private employers. The general employment discrimination law applies only to state employers. All employers, public and private, are covered by the tobacco provisions. Prohibited employment discrimination. Employers may not discriminate in employment decisions or refuse to hire a job applicant because the individual does or does not use tobacco products outside the course of employment. Prohibited employer discrimination. It is unlawful for any person, public or private institution or public official to discriminate against any employer because the employer declines to pay for or arrange for the payment of any health care service that violates its conscience. Recordkeeping/posting requirements. Not specified.

Antidiscrimination Laws in Montana    choose another state

Definition of employee. Employee means an individual employed by an employer. Definition of employer. Employer means an employer of one or more persons or an agent of an employer, but does not include a nonprofit fraternal, charitable or religious association or corporation. Prohibited employment discrimination. It is an unlawful discriminatory practice for employers to base their hiring or employment decisions on the race, creed, religion, color, national origin, age, physical or mental disability, marital status or sex of the employee or job applicant, unless the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Use of lawful products. An employer may not base its hiring decision on whether an employee or job applicant uses lawful products off the employer's premises during nonworking hours. Lawful products include food, beverages and tobacco. Electronic Monitoring. An employer does not commit the offense of violating privacy in communications by opening or reading, causing to be open or read, or further publishing an e-mail or other message that either originates at or is received by a computer or computer system that is owned, leased or operated by or for the employer. Recordkeeping requirements. Employers must maintain records of the age, sex and race of their employees that are required to administer the civil rights laws and regulations. Posting requirements. The state reserves the right to require posting of any notices prepared by the Montana Commission for Human Rights.

Antidiscrimination Laws in North Carolina    choose another state

Definition of employee. Not specified. Definition of employer. Employer means any person employing 15 or more full-time employees within North Carolina, but excluding a person whose only employees are hired to work as domestic or farm workers at the employer's home or farm. Use of lawful products. For purposes of the law prohibiting employment discrimination on the basis of an employee or job applicant's use of a lawful product, employer means the state and all its political subdivisions and employers of three or more workers. Prohibited employment discrimination. Employment decisions based on the race, religion, color, national origin, age (over 40), sex or disability of an employee or job applicant are unlawful. Sickle cell trait. Employment discrimination based on a job applicant's sickle cell or hemoglobin C trait is prohibited. Use of lawful products. Employment discrimination based on a job applicant's use of lawful products outside the course of employment is prohibited. Military service. Employment discrimination based on a job applicant's military service is prohibited. AIDS. Employment discrimination based on AIDS is prohibited. Domestic violence. Effective October 1, 2004, an employer may not discharge, demote, deny a promotion, or discipline an employee because the employee took reasonable time off from work to attempt to obtain relief under the state's domestic violence laws. Methamphetamine Lab Prevention Act of 2005. Effective January 15, 2006, retailers must provide training to employees who will be selling pseudoephedrine products. Recordkeeping/posting requirements. Not specified.

Antidiscrimination Laws in North Dakota    choose another state

Definition of employee. Employee means a person who performs services for an employer that has one or more employees, but does not include elected public officials and their appointees, civil service employees, individuals employed by their parent, grandparent, spouse, child, or grandchild, or in domestic service. For purposes of the equal pay law, employee means any individual employed by an employer, including the state or any of its political subdivisions. Definition of employer. Employer means a person in North Dakota who employs one or more full-time employees for more than one quarter of the year and a person, wherever situated, who employs one or more employees whose services are partially or wholly performed in North Dakota. For purposes of the equal pay law, employer means any person acting directly or indirectly in the interest of an employer in relation to one or more employees of each sex. Prohibited employment discrimination. Hiring or employment decisions based on an individual's race, color, religion, sex (including pregnancy, childbirth, or related disabilities), national origin, age (40 and over), mental or physical disability, marital status, receipt of public assistance, or participation in lawful activity outside the course of employment are prohibited. Effective August 1, 2005, it is a discriminatory practice for a person to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under North Dakota's Human Rights Act. Employers in North Dakota may avoid penalties under the state law regulating the retail sales of methamphetamine precursor drugs by providing training for employees. Recordkeeping requirements. Employers must collect and maintain medical history information separate from nonmedical information and keep it confidential. Employers subject to the equal pay law must make, keep and maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of their employees and must preserve the records for the periods of time and must make reports as the Commissioner of Labor prescribes. Posting requirements. Not specified.

Antidiscrimination Laws in Nebraska    choose another state

Definition of employee. Employee means an individual employed by an employer, but not an individual employed by his or her parent, grandparent, spouse, child or grandchild or in the domestic service of any person. For purposes of the equal pay law, employee means any individual employed by any employer, including the state or any of its political subdivisions. Definition of employer. Employer means a person engaged in an industry who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; an agent of an employer; any party whose business is financed, in whole or in part, under the Nebraska Investment Finance Authority, regardless of the number of employees; and the state and its political subdivisions. Employer does not include the United States or a bona fide membership club, except for a labor organization, that is exempt from taxation under section 501(c) of the IRS code. For purposes of discrimination on the basis of age, "employer" means any person having in its employ 25 or more individuals and includes the state of Nebraska, governmental agencies, and political subdivisions, regardless of the number of employees, any person acting for or in the interest of an employer, directly or indirectly, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, but employer does not include the United States or a corporation wholly owned by the government of the United States. For purposes of discrimination on the basis of sex, "employer" means any person having in its employ 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices, including compensation, against job applicants or employees on the basis of the individuals' age (ages 40-69), race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, marital status, national origin or because the applicant has or is suspected of having AIDS. Recordkeeping requirements. Employers may be required to make, keep and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed and make reports as a manner of compliance. The Equal Opportunity Commission may require the keeping of records necessary or appropriate for the administration of the age discrimination law. The commission may seek judicial enforcement through the office of the Attorney General to gain access to records relevant to a charge under investigation. Employers subject to the equal pay law must make, keep and maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of their employees and must preserve the records for the period of time and make reports as the Equal Employment Opportunity Commission prescribes. Posting requirements. Every employer that is subject to the Nebraska Fair Employment Practice Act must display in a conspicuous place or places on its premises a notice prepared by the Equal Opportunity Commission, setting forth excerpts of the law. Every person subject to the equal pay law must keep an abstract or copy of the law posted in a conspicuous place in or about the premises where any employee is employed. Employers will be furnished copies or abstracts of the law by the state on request without charge.

Antidiscrimination Laws in New Hampshire    choose another state

Definition of employee. Employee does not include any individual employed by a parent, spouse or child, or any individual in the domestic service of any person. Definition of employer. Employer does not include a club that is exclusively social; a nonprofit fraternal, charitable, educational or religious association or corporation; or any employer with fewer than six persons in its employ; but does include the state and all its political subdivisions. Prohibited employment discrimination. It is an unlawful practice to make employment decisions on the basis of an employee's or job applicant's age, sex, race, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation, unless based on a bona fide occupational qualification. Tobacco use. Employment discrimination on the basis of an individual's use of tobacco products outside the course of employment is also prohibited. Recordkeeping requirements. Employers may record any data required by state or federal law, rule or regulation provided records are kept for compliance and not used as a subterfuge for discrimination. Posting requirements. Employers must post, in a conspicuous place, notices setting forth requirements for compliance with New Hampshire's Law Against Discrimination and other relevant information that the Commission determines necessary to explain the law.

Antidiscrimination Laws in New Jersey    choose another state

Definition of employee. Employee does not include any individual employed in the domestic service of another. Definition of employer. Employer includes all business entities, the state and all of its political subdivisions, officers, agencies, boards and bodies. Prohibited employment discrimination. It is unlawful to discriminate in hiring or employment practices, including compensation, on the basis of an individual's race, creed, color, national origin, ancestry, age (under 70), marital status, domestic partnership status, affectional or sexual orientation, sex, genetic information (including the refusal to submit to a genetic test or make available the results of a genetic test to an employer), disability or atypical hereditary cellular or blood trait, because of the liability for service in the armed forces of the United States, because a person uses a guide or service dog or because a person refuses to participate in and/or discloses fraudulent or criminal employer actions. The New Jersey Civil Rights Act. The New Jersey Civil Rights Act went into effect on September 10, 2004, and supplements the New Jersey Law against Discrimination. The Domestic Partnership Act. The Domestic Partnership Act, effective July 10, 2004, prohibits employment discrimination based on domestic partnership status. Patient Safety Act. The Patient Safety Act provides that materials received by the Departments of Health and Human Services under the law may not be used to make an adverse employment decision about a health care professional. However, it does not prevent disciplinary action against the individual when recklessness, gross negligence or willful misconduct is involved. Smoking and use of tobacco products. An employer can not refuse to hire or employ any person or discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because that person does or does not smoke or use other tobacco products, unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee. Recordkeeping requirements. Not specified. Posting requirements. Employers covered by the New Jersey Law Against Discrimination shall display the official poster of the New Jersey Division on Civil Rights in places easily visible to all employees and applicants for employment.

Antidiscrimination Laws in New Mexico    choose another state

Definition of employee. Employee means any person in the employ of an employer or an applicant for employment. Definition of employer. Employer means any person (person include the state and its political subdivisions) employing four or more persons and an agent of an employer. For purposes of the prohibition against smoking discrimination, employer means any person that has one or more employees. Prohibited employment discrimination. It is an unlawful discriminatory practice for employers to base their hiring or employment practices on an individual's race, age, religion, color, national origin, ancestry, sex, physical or mental disability, medical condition (including the results of AIDS-virus tests), sexual orientation, gender identity or smoking preference. Disaster and emergency services leave. Effective May 17, 2006, New Mexico has enacted the Volunteer Emergency Responder Job Protection Act to protect employees from termination who, as members of a volunteer fire department, an emergency medical service, a search and rescue team or a law enforcement agency, or persons enrolled by the state or political subdivision for response to an emergency or disaster, are absent from employment to respond to an emergency or disaster. Employees are to make a reasonable effort to notify employers and to continue to notify employers during the absence. Employers may request that employees give written verification that the employee served as a volunteer emergency responder to the emergency or disaster. Protection from termination does not apply if the employee is absent for more than ten regular business days in a calendar year. In addition, employers may charge the absence against the employee's regular pay time. Recordkeeping/posting requirements. Employers must post notices in a conspicuous place that set forth the requirements for complying with the New Mexico Human Rights Act and give any other relevant information as determined by the state's Human Rights Division.

Antidiscrimination Laws in Nevada    choose another state

Definition of employee. Not specified. Definition of employer. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include the United States, any Indian tribe or any private membership club that is exempt from taxation under section 501(c) of the IRS code. Also not covered are religious corporations, associations or societies with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities. Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices against employees or job applicants on the basis of the individuals' race, color, religion, sex, age, disability, national origin, sexual orientation or genetic information. Use of lawful substances. Employment discrimination on the basis of an applicant's use of lawful substances, such as tobacco, outside the course of employment is also prohibited. Service animals. It is an unlawful employment practice for an employer to refuse to permit an employee with a visual or aural disability to keep a service animal with him or her at all times in the place of employment. Whistleblower provisions. An employee is protected against employer retaliation when the employee opposes an unlawful practice or when the employee testifies, participates in a proceeding, makes a charge, or otherwise assists in an investigation, proceeding or hearing relating to an unlawful practice. Whistleblower coverage includes unlawful practices involving discrimination in employment, occupational safety and health, and medical facilities with regard to care. Nurses. Effective October 1, 2005, registered nurses, licensed practical nurses or nursing assistants who are employed by or contracted to provide nursing services who report that they do not possess the knowledge, skills or experience with an assignment to provide nursing services to a patient or who refuse to provide services because of lack of knowledge, skills or experience are also protected from retaliation or discrimination. Recordkeeping/posting requirements. Nevada discrimination law posters are available and may be posted in a conspicuous place.

Antidiscrimination Laws in New York    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person. Definition of employer. Employer does not include any employer with fewer than four persons in its employ. Prohibited employment discrimination. It is an unlawful discriminatory employment practice for employers to base hiring or employment decisions on the age, race, creed, color, national origin, sex, disability, marital status, sexual orientation or genetic condition of any applicant or employee. Discrimination based on legal use of consumable products outside the course of employment is also prohibited. It is an unlawful discriminatory employment practice for employers to refuse to permit employees to use leave solely because the leave will be used to accommodate the employees' religious observances or practices. Employers may not discriminate against employees for displaying the American flag on themselves or at their work stations. Recordkeeping requirements. Not specified. Posting requirements. Every employer that is subject to the Human Rights Law must post and maintain at its workplaces, notices furnished by the Division of Human Rights, excerpting the law. Notices must be conspicuously displayed in easily accessible and well-lighted places customarily frequented by employees and applicants for employment.

Antidiscrimination Laws in Ohio    choose another state

Definition of employee. Employee means an individual employed by any employer, but not any individual employed in the domestic service of another. Definition of employer. Employer includes the state, any political subdivision of Ohio, any person employing four or more persons within Ohio and any agent of an employer. Prohibited employment discrimination. It is unlawful to discriminate in hiring or employment practices on the basis of an employee's or job applicant's race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, disability, treatment for mental illness, age (40 and over) or ancestry. Recordkeeping requirements. Prior to employment, employers may not make or keep a record of the race, color, religion, sex, national origin, handicap, age, or ancestry of an applicant. Posting requirements. Every employer that is subject to the Fair Employment Practices Law must post in a conspicuous place on its premises a notice prepared by the Ohio Civil Rights Commission, setting forth excerpts of the law.

Antidiscrimination Laws in Oklahoma    choose another state

Definition of employee. Not specified. Definition of employer. Employer means a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, or a contractor or subcontractor furnishing material or performing work for the state, or an agent of such a person. Employer does not include an Indian tribe or a bona fide membership club not organized for profit. Prohibited employment discrimination. Employers are prohibited from discriminating against job applicants and employees on the basis of race, color, religion, sex, national origin, age (40 and over) or disability, unless the discriminatory action is based on a bona fide occupational qualification. Discrimination based on an individual's smoking preference is also prohibited. Recordkeeping requirements. Employers that control apprenticeship or other training programs must keep all records reasonably necessary for compliance to Oklahoma Civil Rights Act, including, but not limited to: (1) a list of applicants who wish to participate in the program; (2) the chronological order in which applications were received; (3) a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs. Posting requirements. As relief or penalty for a civil rights violation, an employer may be directed to post in a conspicuous place and in advertising material notices setting forth requirements for compliance with the Civil Rights Act or other relevant information that the Commission determines necessary to explain the Act.

Antidiscrimination Laws in Oregon    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person. Definition of employer. Employer means any person who in this state, directly or through an agent, engages or utilizes the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. Employer also includes any public body that, directly or through an agent, engages or utilizes the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. For purposes of the prohibition on disability discrimination, employer means any person that has six or more employees. Prohibited employment discrimination. Employers may not discriminate against job applicants or employees because of race, religion, color, sex, marital status, pregnancy, childbirth, national origin, age (18 and over), disability, genetic information, juvenile records that have been expunged, or off-premises use of tobacco during nonworking hours. Effective January 1, 2006, an individual may no longer bring a civil action against an employer for discrimination on the basis of the use of tobacco during non-work hours. Recordkeeping/posting requirements. Not specified.

Antidiscrimination Laws in Pennsylvania    choose another state

Definition of employee. Employee does not include persons employed in agriculture or domestic service, persons who reside in the home of their employer or persons who are employed by their parents, spouse or child. Definition of employer. Employer includes the Commonwealth and all of its political subdivisions and any person employing four or more persons within the Commonwealth. For purposes of the law governing discriminatory practices based on race, color, age, sex, national origin and non-job-related disability, the definition of employer does not include religious, fraternal, charitable and sectarian corporations and associations employing four or more persons in Pennsylvania, except corporations or associations supported in whole or in part, by governmental appropriations. Prohibited employment discrimination. It is an unlawful discriminatory employment practices for employers to make employment decisions or refuse to hire job applicants on the basis of the applicants' race, color, religious creed, ancestry, age (40 or older), sex, national origin or non-job-related disability. Recordkeeping requirements. Not specified. Posting requirements. Every employer that is subject to Pennsylvania's Human Relations Act must post and maintain a fair employment practices notice furnished by the Pennsylvania Human Relations Commission, excerpting the law. Notices must be posted in a conspicuous, easily accessible and well-lighted location customarily frequented by employees and job applicants, and at each location where employee services are performed.

Antidiscrimination Laws in Puerto Rico    choose another state

Definition of employee. Not specified. Definition of employer. All private employers and those agencies or instrumentalities of the government of Puerto Rico that operate as private businesses or enterprises. Prohibited employment discrimination. Puerto Rico prohibits discrimination on the basis of age, race, color, sex, disability, origin or social position, political affiliations, and religious beliefs. Veterans. Employers are required to give preference to a veteran, under equal academic and technical conditions or experience, when filling any position, employment or employment opportunity. Minors. Effective August 26, 2005, a minor under the age of 18 is protected from employment discrimination based on his or her criminal history. A minor's criminal file is considered confidential, and the lack of access to a minor applicant's history can not be the sole grounds for employment denial. Recordkeeping requirements. Employers must keep and maintain records for relevant time periods to determine if unlawful discriminatory practices have been or are being committed and must render reports as required by regulation. Apprenticeships and training programs. Employers, labor unions or joint management-labor committees controlling apprenticeship and/or training programs keep and maintain the records that may be necessary for the implementation of Puerto Rico's Fair Employment Practices Act, including, but not limited to, a list of applicants or candidates for employment who wish to participate in those programs, the chronological order in which the applications were received. Upon request, a detailed description of the manner in which the persons are chosen to participate in the apprenticeship and/or training programs must be furnished to the Secretary of Labor and Human Resources Posting requirements. Employers must post notices setting forth the requirements for complying with Puerto Rico's Fair Employment Practices Act and other relevant information as determined by the Secretary of Labor and Human Resources.

Antidiscrimination Laws in Rhode Island    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person. Definition of employer. Employer includes the state and all its political subdivisions and any person in Rhode Island employing four or more individuals, as well as any agent of an employer. "Employer" does not include religious corporations, associations, educational institutions, or societies with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities. Prohibited employment discrimination. It is an unlawful employment practice to base employment decisions or refuse to hire any individual because of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, age (40 and over), sexual orientation, gender identity or expression, national origin, use of tobacco during nonworking hours, or seeking (or refusing to seek) a protective order under domestic abuse laws. When an employee has made an internal complaint alleging harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual orientation, gender identity or expression or country of ancestral origin, it is an unlawful employment practice for an employer to refuse to disclose in a timely manner in writing to that employee the disposition of the complaint. AIDS. Employment discrimination based on a positive AIDS test or the perception of a positive AIDS test is prohibited. Sexual orientation. Rhode Island employers are prohibited from discriminating against any individual on the basis of sexual orientation. Employers are not, however, required to extend insurance-related benefits to unmarried partners of employees. Arrest records. Employers may not include on any employment application, except for applications for law enforcement agency positions or related positions, a question inquiring either orally or in writing whether the person has ever been arrested or charged with any crime. Employers may inquire whether the individual has ever been convicted of any crime. Smoking. Employers are prohibited from requiring an employee to refrain from smoking as a condition of employment or continued employment or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, unless the employer is a nonprofit organization with one of its primary purposes or objectives being to discourage the use of tobacco products by the general public. Recordkeeping/posting requirements. Every employer must post notices approved by the Rhode Island Commission for Human Rights in a conspicuous place.

Antidiscrimination Laws in South Carolina    choose another state

Definition of employee. Employee means an individual employed by an employer, and the state and any of its political subdivisions, agencies or departments but does not include any elected officer, member of an elected officer's personal staff or an appointee on the policy making level, unless one of the excluded persons is a civil servant. Definition of employer. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year or an agent of an employer, but does not include an Indian tribe or a bona fide membership club, other than a labor organization. Prohibited employment discrimination. It is unlawful to discriminate in hiring or employment practices on the basis of an employee's or applicant's race, religion, color, sex (including pregnancy, childbirth, and related medical conditions), age (40 and over), disability, or national origin. Smoking preference. Effective March 1, 2005, employers may not discriminate in hiring or employment against persons who use tobacco products outside the workplace. Recordkeeping/posting requirements. Information obtained in a preemployment medical examination regarding the medical condition or history of an applicant must be collected and maintained on separate forms and in separate medical files and must be treated as a confidential medical record.

Antidiscrimination Laws in South Dakota    choose another state

Definition of employee. Employee is any person who performs services for any employer for compensation in any form. Definition of employer. Employer is any person within South Dakota who hires or employs any employee, without regard to location, or who hires an employee for services to be performed in South Dakota. Prohibited employment discrimination. Employers may not base their hiring or employment practices on the individual's or applicant's race, color, creed, religion, sex, ancestry, disability, or national origin. Smoking preference. Employers may not terminate an employee because the individual uses tobacco products off the employer's premises during nonworking hours. However, an employer can restrict the off-duty use of tobacco by an employee if such usage is reasonably related to the employee's employment activities and responsibilities of a particular employee or group of employees. Recordkeeping requirements. Every employer of more than 25 persons must make, keep and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of the persons it employs, and must preserve the records for a reasonable period of time. Posting requirements. As a relief or penalty for a human rights violation, employers may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Law and other relevant information the Commission determines necessary to explain the law.

Antidiscrimination Laws in Tennessee    choose another state

Definition of employee. Employee does not include a person employed by his or her parent, spouse, child or in the domestic service of another. Definition of employer. Employer includes the state, any political or civil subdivision of the state, persons employing eight or more persons within Tennessee and agents of employers. Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices against a job applicant or employee because of race, creed, color, religion, sex, age (over 40 years of age) or national origin. Disability. Employment discrimination on the basis of disability is also prohibited. Smoking legal products. Employers may not discharge an employee solely because the individual uses tobacco or other legal agricultural products off the employer's premises during nonworking hours. Religious organizations. Discrimination with respect to the employment of individuals of a particular religion is not unlawful by a religious corporation, association, or educational institution, or society to perform work connected with the carrying on of its religious activities. Medical information. It is unlawful for any employer or his agent or contractor, to market or sell medical information that directly identifies an employee, unless the patient has authorized the release in written, electronic or other form that indicates the patient's consent. This includes records for medical services provided or paid for by the employer for purposes unrelated to the provision of health care to the employee or family members receiving health insurance, payment for health care to the employee or family members receiving health insurance, or administration of any health plan or program offered by the plan. Medical information includes lists of employees or family members receiving health insurance, but does not include information that does not identify the patient. Recordkeeping requirements. Employers must make, keep, preserve records relevant to the determination of whether discriminatory practices have been or are being committed and make reports as prescribed by the Commission. Any personnel or employment record made or kept by an employer must be preserved for six months from the time they are made or from the date of termination. Records to be retained include application forms, records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay and selection for training or apprenticeship. Posting requirements. As relief or penalty for fair employment practices violations, an employer may be directed to post in conspicuous places and advertising materials notices setting forth requirements for compliance with the Fair Employment Practices Law or other relevant information the Commission determines necessary.

Antidiscrimination Laws in Texas    choose another state

Definition of employee. Employee means an individual employed by an employer, including an individual subject to the civil service laws of Texas or its political subdivisions. Employee does not include elected officials, a person on the elected officer's personal staff, an appointee on the policy-making level, or an immediate adviser exercising constitutional or legal powers of public office. Definition of employer. Employer means a person who is engaged in an industry affecting commerce and who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, an agent of an employer or state agency, regardless of the number of employees. Prohibited employment discrimination. Employers may not discharge, discriminate with respect to compensation or terms, conditions, or privileges of employment, or refuse to hire because of race, color, disability, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, age (40 and over; for purposes of apprenticeship or training purposes, age 40 through age 55), or genetic information or refusal to submit to a genetic test. Recordkeeping requirements. Employers subject to the employment discrimination provisions that are under investigation in connection with a filed charge must make, keep and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed, and make reports from these records. Posting requirements. The Texas Commission on Human Rights provides an optional equal employment opportunity poster.

Antidiscrimination Laws in Utah    choose another state

Definition of employee. Employee means any person applying for employment with or employed by an employer. Definition of employer. Employer means the state and its political subdivisions and every person employing 15 or more employees within Utah for each working day in each of 20 calendar weeks or more in the current or preceding calendar year, but does not include religions organizations. Prohibited employment discrimination. It is a discriminatory or prohibited employment practice for an employer to refuse to hire, or promote, or to discharge, demote, terminate any person, or to retaliate against, harass, or discriminate with respect to compensation or terms, privileges, and conditions of employment, against any person otherwise qualified, because of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, age (40 and over), religion, national origin, disability or genetic information. Refusal to sell alcoholic beverages.--A sanction or termination of employment may not be imposed upon any employee of any restaurant, airport lounge, private club, on-premise beer retailer or any other establishment serving alcoholic beverages as a result of the employee having exercised his or her independent judgment to refuse to sell alcoholic beverages to any person the employee considers to be under 21 or under the influence of alcohol or drugs. An employer who terminates an employee or imposes sanctions on an employee for this reason is considered to have discriminated against the employee under the Utah Antidiscrimination Act. Recordkeeping requirements. Any personnel or employment record made or kept by an employer must be preserved for six months from the time they are made or from the date of termination, whichever occurs later. Records to be retained include application forms, records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay and selection for training or apprenticeship. Posting requirements. Not specified.

Antidiscrimination Laws in Virginia    choose another state

Definition of employee. Not specified. Definition of employer. All private and public employers are covered under Virginia's Human Rights Act. Prohibited employment discrimination. Employers are prohibited from basing hiring or employment decisions on the following discriminatory bases; race, color, religion, national origin, sex, age, marital status, disability or genetic characteristics. In addition, no one employing more than five but less than 15 employees may discharge any employee on the basis of race, color, religion, national origin, sex or age if the employee is 40 years of age or older. Effective October 1, 2005, prohibited discrimination based on sex or gender includes discrimination because of, or on the basis of pregnancy, childbirth or related medical conditions. Arrest records. Employers may not require that job applicants disclose information about arrests or criminal charges that have been expunged from the applicant's record. Fair Employment Contracting Act. Contracting agencies must not engage in unlawful discriminatory practices in the awarding of contracts. Recordkeeping/posting requirements. Not specified.

Antidiscrimination Laws in Virgin Islands    choose another state

No information available.

Antidiscrimination Laws in Vermont    choose another state

Definition of employee. Employee means every person who is permitted, required or directed by any employer, in consideration of direct or indirect gain or profit, to perform services. Definition of employer. Employer means individuals, organizations, governmental bodies, common carriers doing business in Vermont, and agents of the employer that have one or more individuals performing services for the employer within the state. Prohibited employment discrimination. Employers must conduct all employment-related activities without regard to race, color, religion, ancestry, national origin, sex, sexual orientation, place of birth, age, or handicap of an otherwise qualified individual. Bona fide occupational qualifications permit discriminatory behavior. Effective July 1, 2005, an employer can not require as a condition of employment that an employee refrain from disclosing the amount of his or her wages; require an employee to sign a waiver or a document that purports to deny the employee the right to disclose the amount of his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. HIV. Employers may not request or require an applicant, prospective employee or employee to have an HIV-related blood test as a condition of employment. Employers may not indicate a preference or limitation, refuse properly to classify, limit or segregate membership with regard to an individual's positive test result from an HIV-related blood test. Recordkeeping/posting requirements. Employers must post in a prominent and accessible location a poster containing the elements of the employer's sexual harassment policy and distribute it to every employee.

Antidiscrimination Laws in Washington    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person. Definition of employer. Employer includes any person acting in the interest of an employer, directly or indirectly, who has eight or more employees, but does not include any religious or sectarian nonprofit organization. Prohibited employment discrimination. Unless based on a bona fide occupational qualification, no employer may discriminate in its hiring or employment practices on the basis of a job applicant's age (40 or older), sex, marital status, race, creed, color, national origin, sexual orientation, disability, the use of a trained dog guide or service animal by a person with a disability or results of an HIV test. Hepatitis C. Employers are prohibited from requiring a hepatitis C test as a condition of employment. Discrimination in employment on the basis of the results of a hepatitis C test is also prohibited. If there is a bona fide occupational qualification relating to the job in question, neither prohibition applies. Genetic Testing. Employers are prohibited from requiring that an employee or a prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment. Broadcasting industry noncompetition agreements. If an employee of a broadcasting industry employer, other than a sales or management employee, subject to an employee noncompetition agreement is terminated without just cause or laid off by action of the employer, the noncompetition agreement is void and unenforceable. The law does not restrict the right of an employer to protect trade secrets or proprietary information by lawful means in equity or under applicable law. In addition, the law does not terminate, or in any way modify, any rights or liabilities resulting from an employee's noncompetition agreement that was entered into before December 31, 2005. Recordkeeping requirements. Employers may make and keep records of persons after they are employed, unless the records are used for the purpose of discrimination. To prevent improper use, records of an employee's protected status must be maintained in a manner accessible only on a need-to-know basis. Posting requirements. Posters that excerpt Washington's prohibited discriminatory employment practices are available from the Washington State Human Rights Commission.

Antidiscrimination Laws in Wisconsin    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child. Definition of employer. Employer means the state and its agencies and any other person engaging in any activity, enterprise or business employing at least one individual, but does not mean a social club or fraternal society if the particular job is advertised only within the membership. Prohibited employment discrimination. Discrimination in employment practices on the following bases is unlawful; age, race, creed, color, disability, marital status, sex including pregnancy, childbirth, or related medical conditions, sexual orientation, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or Wisconsin, genetic testing, honesty testing, or the use or nonuse of lawful products off the employer's premises during nonworking hours. Recordkeeping requirements. Not specified. Posting requirements. Employers are required to display a poster prepared by the Department of Industry, Labor and Human Relations in a conspicuous place on their premises.

Antidiscrimination Laws in West Virginia    choose another state

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child. Definition of employer. Employer means the state, any political subdivision of the state and any person employing 12 or more persons within the state for 20 or more calendar weeks in the calendar year or the preceding calendar year in which the act of discrimination allegedly took place, but does not include a private club. Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices against job applicants or employees on the basis of the individuals' race, religion, color, national origin, ancestry, sex, age, blindness or other disability. Smoking preference. Employers may not discharge, discriminate with respect to compensation, terms, conditions or privileges of employment, or refuse to hire an individual because the individual uses tobacco products off the employer's premises during non-working hours. Miners. A person can not discharge or discriminate against any miner based on information gathered during nonemergency monitoring by a wireless tracking device worn by the miner for safety purposes. Recordkeeping requirements. Not specified. Posting requirements. Every employer that is subject to West Virginia's Human Rights Act must keep posted in a conspicuous place on its premises a notice prepared by the Human Rights Commission, setting forth excerpts of the law.

Antidiscrimination Laws in Wyoming    choose another state

Definition of employee. Not specified generally, but for purposes of the equal pay law, employee means any individual employed by an employer. Definition of employer. Employer means the state and its political subdivisions and every other person employing two or more employees in Wyoming, but not religious organizations or associations. For purposes of the equal pay law, employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee. Prohibited employment discrimination. Employers may not discharge, promote, demote, or discriminate with respect to compensation or the terms, conditions or privileges of employment, or refuse to hire because of disability, age (at least 40 but less than 70), sex, race, creed, color, national origin or ancestry, refusal to participate in an abortion, or use or nonuse of tobacco products outside the course of the individual's employment. The Wyoming Fair Employment Practices Act redefines age discrimination as applying to persons at least 40 years of age. Recordkeeping/posting requirements. Not specified.

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