Discrimination in the workplace with less than 10 employees
A Reader Asks This Question:
I have a friend who is 50 years old and has been working for the same company for the past 4 years. He is the best employee the company has. The owners stepson has moved to the area and took over mostly. The owner and his stepson keep making comments to my friend about his age (aren’t you to old for this….aren’t you ready to retire yet….etc.) Well the owner is going on vacation next week and my fiend is convinced that the stepson will fire him while the boss is gone since he will be in charge. Ever since the stepson has moved to town the working environment has been horrible…very hostile to say the least. My friend used to be the “manager” but that is no more. Do no laws against this type of discrimination appy here. The company is a small family owned business with maybe 10 employees. Everything I find relates to businesses with 15 or more employees. What can he do???
The EEOC and Age Discrimination Act only apply to business with 15 or more employees. Therefore is it going to do ANY good to even contact the EEOC? Yes, by law they have to take the complaint but will anything be done??? I have searched the web up and down for info on small biz laws and can find nothing unless you employee 15 or more people. So does this mean people who only employee 5-10 people can do what they want in regard to their employees???
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6 Responses to Discrimination in the workplace with less than 10 employees
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Yes they do apply. Have your friend document every time they say something derogatory about his age or job performance. Sounds like he will need it.
It won’t cost anything to contact the eeoc, maybe they can give you some advice on what to do.
YES!!! they apply! tell your friend to go to this web site:
http://eeoc.gov
contact the labor board and also the EEOC ( Equal Employment Opportunity Commission) in your area. Discrimination is the same wether there are 2 employees or 200. Good luck!
In the USA, very small businesses are exempt from some labor laws. You need to check with the local or state labor board where you are located.
Also exempt (from overtime, etc.) are businesses in agriculture and meat packing/processing (for a set number of weeks per year)
Absolutely all laws apply ! Discrimination is discrimination, period.
The laws of discrimination apply from small business to large business. I hope your friend took notes on what date and time those comments were made. If he does get fired for no particular reason I’m sure he can sue the company for age discrimination. He should contact a Labor attorney if he wants to pursue a lawsuit and get some advice.
The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).
He can contact the Dept. of Labor and probably get some assistance before he gets fired. Call them at 1-866-USA-DOL. They will be able to answer any questions.
To file a complaint you have to go to: http://eeoc.gov/charge/overview_charge_filing.html