“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: I know that most of the federal employment discrimination laws kick in when an employer reaches a certain number of employees. How do we count that number?

According to the Equal Employment Opportunity Commission (EEOC), you should count every employee who has worked for your organization during at least 20 calendar weeks in the current or previous year. Those 20 weeks don’t have to be consecutive, and the individual could have worked full time or part time. This methodology can be applied for the federal laws which the EEOC enforces: the Americans with Disabilities Act (ADA), Title VII, the Pregnancy Disability Act, the Genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act.

Some of those same protections also show up in state laws and may take effect at lower headcounts. For example, the California Fair Employment and Housing Act (FEHA) has protections similar to those in the ADA. The definition of a disability under FEHA, however, is even broader, and FEHA applies to any organization with five or more employees (compared with the ADA’s 15 or more employees). If you’re setting policy or assessing liability related to discrimination, it is important to check state and local laws as well as federal laws. You can find this information on the platform.

Answer from Marisa, SPHR:
Marisa has experience working in a wide variety of HR areas, including payroll, staffing, and training. Having supported HR functions in various industries, Marisa is able to apply her knowledge to each client’s particular situation. Marisa earned her B.S. in Business Administration and Communications from the University of Oregon. She loves movies, trying new restaurants, traveling, volunteering, and spending time with her three dogs.

Get Certified

The first-ever HR certification designed for professionals who are just beginning their HR career journey.

Leave a comment

0 Comments
Inline Feedbacks
View all comments

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.

How Safe Is Your Organization?

Even with millions spent on cyber security infrastructure, all it takes is one employee clicking on one wrong link to compromise critical data, costing your company millions.

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
HR Q&A

Q&A: Can We Discipline an Employee for Not Taking a Lunch Break?

Yes, generally you can and should require an employee to take a lunch break. In many states, employers are required to provide employees with rest …

Read More →
Affirmation

Affirmation: Longevity Comes From Conscious Living

Remaining cognizant of the choices that I make is a great way to maintain lasting experiences and relationships. When I live consciously, my decisions are …

Read More →
Career Mondays

Career Monday: A Foolproof Formula For Becoming A Team Player

Unless you want to work in a lighthouse, being a team player will probably be part of your job description. It’s a question that comes …

Read More →
Share via
Copy link
Powered by Social Snap