If you legally obtain medical or genetic information, you must keep it confidential, with very limited exceptions, and in a separate medical file. You may request medical or genetic information from employees only in limited circumstances. In general, you cannot request medical or genetic information from applicants.

Prohibited Requests for Medical or Genetic Information You may be required to provide reasonable accommodations ( changes to the way things are normally done at work) because of an applicant's or employee's religious beliefs or disability. Provide Required Reasonable Accommodations You cannot use employment policies or practices that have a negative effect on applicants or employees who are 40 or older unless the policies or practices are based on a reasonable factor other than age. Policies/Practices with Negative Effect on Age 40 or Older You cannot use employment policies or practices that have a negative effect on applicants or employees of a particular race, color, religion, sex or national origin or applicants or employees with disabilities unless the policies or practices are related to the job and necessary for the operation of your business. Policies/Practices with Negative Effect on Race, Color, Religion, Sex, National Origin or Disabilities You cannot discriminate against or harass applicants, employees or former employees because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability or genetic information (including family medical history). Don't Discriminate/Harass Because of Race, Color, Religion, Sex, National Origin, Age, Disability or Genetic Information You must provide equal pay to male and female employees who perform the same work unless you can justify a pay difference under the law.

Your Legal Responsibilities If the Federal Employment Anti-Discrimination Laws Apply to Your Business Equal Pay for Equal Work Who is an 'employee' under federal employment discrimination laws? State and local government websites may have information about these laws. State and/or local employment discrimination laws may also apply to your business. You are also covered by the law that requires employers to provide equal pay for equal work. If you have 20 or more employees: You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability and genetic information (including family medical history). If you have 15 to 19 employees: You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability and genetic information (including family medical history). If you have at least one employee: You are covered by the law that requires employers to provide equal pay for equal work to male and female employees. It depends on how many employees your business has:

As a small business owner and an employer you may have legal responsibilities under the federal employment anti-discrimination laws.īelow you will find the information you need to determine whether the anti-discrimination laws apply to your particular business and if they do, what you need to know! Do the federal employment anti-discrimination laws apply to my business?

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