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    (FS8) Different Legal Issues to Consider For Hiring in Your Franchise

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    Discrimination, a scary word for managers, franchise owners, and hiring agents. Thanks to the law on discrimination, employers must be more careful with what they say and do. Discrimination practices through hiring, firing, promotion, and job assignment are not acceptable in the US ever since the Equal Employment Opportunity Commission (EEOC) created the law and now enforce it. You’ll want to make sure you understand everything about the equal opportunity act before you start hiring, but here are some basics:

     

    • Title VII of the Civil Rights Act of 1964: This act prohibits employers from discriminating against individuals based on race, color, religion, sex, or national origin. Sexual harassment or any other form of harassment based on race or origin also crosses the line of what is legal according to Title VII.shutterstock_122797483
    • Age Discrimination in Employment Act (ADEA) of 1967: This protects job seekers and employees who are 40 years of age or older. It might be hard to imagine, but at some point, employers were discriminating against older employees to try and save on insurance.
    • Title I of Americans with Disabilities Act (ADA) of 1990: This bans employers from discriminating against anyone with a disability. That includes physical and mental disabilities. For a full list of what counts as a disability according to the ADA, check the guidelines online.
    • The Equal Pay Act (EPA) of 1963: This act prevents any discrimination in pay based on gender. This only regards similar work. You can pay a male and female differently if say one is a manager and the other is a cashier, but if both are managers who do equal work, they should be paid similarly. This does not govern over pay differences from annual pay-raises that one employee may have a higher pay for the same job due to seniority.
    • Immigration Reform and Control Act of 1986: This act makes it unlawful for an employer to hire any person who is not legally authorized to work in the United States. Employers must verify that employees and potential hires are legal residents or have the proper paperwork to allow them work in the country prior to hiring.

     

    You can find more information on the EEOC by calling their headquarters at 800-669-4000 or by visiting their website www.eeoc.gov.  You can also check with the local department of labor or a state attorney. Remember to be compliant with the law by avoiding specific adjectives in your advertisements like, ‘men’, ‘women’, or ‘young’. Try to be all-inclusive even if you know you’re looking to hire something specific in your franchise. Hiring based on skills is the best way to go about hiring from a legal standpoint and the way your business will operate.

     

    Continue Reading from The Franchise Series 8

    • Hiring, Training, and Other Staff Decisions in Your Business
    • Successfully Interviewing For Your Franchise Business
    • Things to Remember During Interviews at Your Franchise
    • What Comes After the Interview in Your Franchise
    • Being an Effective Leader for Your Franchise
    • Training Your Team to Work in Your Franchise Efficiently
    • Keeping the Employees You Want in Your Franchise
    • Making Sure Your Franchise Follows OSHA Rules