Equal Opportunity Employer

What Is an Equal Opportunity Employer?

An equal opportunity employer is a company that pledges to provide fair treatment and equal chances for employment, advancement, and benefits to all individuals. More specifically, they prohibit discrimination against employees or job applicants based on race, color, religion, sex, national origin, age, physical or mental disability, genetic information, or any other protected characteristic. This policy’s goal is to promote diversity and inclusion in the workplace.

Equal Employment Opportunity Laws

The Equal Employment Opportunity Commission (EEOC) enforces several laws to protect both existing and potential employees. While the following laws protect different characteristics, note that they all prohibit retaliation against employees and applicants who have complained about discrimination, filed discrimination charges, or participated in an employment discrimination investigation or lawsuit.

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination against individuals because of their race, color, religion, national origin, or sex. Additionally, Title VII mandates that employers provide reasonable accommodations for applicants’ and employees’ religious practices as long as doing so would not impose undue hardship on business operations.

The Pregnancy Discrimination Act

This law is an amendment under Title VII that prohibits discrimination against a woman due to pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.

Equal Pay Act of 1963 (EPA)

The EPA makes it unlawful for employers to pay different wages to men and women if they perform the same job under similar working conditions for the company.

Age Discrimination in Employment Act of 1967 (ADEA)

The ADEA makes it illegal to discriminate against individuals who are 40 or older. Instead, employers should base hiring decisions on one’s ability to perform the job successfully, not arbitrary age limits.

Title I of the Americans with Disabilities Act of 1990 (ADA)

The ADA prohibits employers from discriminating against qualified individuals with disabilities in the private sector and in state and local governments. Employers must provide reasonable accommodations for a qualified person’s known physical or mental limitations as long as doing so would not impose undue hardship on business operations.

Sections 501 and 505 of the Rehabilitation Act of 1973

These laws are similar to the ADA in terms of providing reasonable accommodations, but the key difference is that they specifically protect qualified individuals with disabilities in the federal government from discrimination.

Genetic Information Nondiscrimination Act of 2008 (GINA)

GINA makes it illegal to discriminate against an individual based on genetic information, such as their own genetic tests, their family members’ genetic tests, and their family’s overall medical history.

The Pregnant Workers Fairness Act of 2022 (PWFA)

The PWFA requires covered employers to reasonably accommodate a qualified employee’s known limitation due to pregnancy, childbirth, or related medical conditions unless doing so would cause undue hardship.

Are Certain Employers Exempt from Equal Employment Opportunity Laws?

Yes, some employers are exempt from equal employment opportunity (EEO) laws if they have fewer than a certain number of workers.

For example, private employers and state and local government agencies are generally not subject to EEO laws if they have fewer than 15 employees who have worked there for at least 20 calendar weeks this year or last year.

Moreover, certain organizations are exempt from EEO laws based on the nature of their businesses. For instance, religious organizations are exempt because hiring employees from different religions could conflict with their mission.

However, employers who aren’t covered by federal EEO laws may still be subject to state or local anti-discrimination laws.

Creating Equal Employment Opportunity Statements for Open Positions

A well-crafted EEO statement conveys your organization prioritizes inclusion and equality, which can help you attract and retain diverse talent. Here are some tips to keep in mind when creating your own EEO statement:

• Be clear and concise: State that your company is an equal opportunity employer that complies with EEOC laws and, therefore, doesn't discriminate based on race, age, sex, or other protected characteristics.
• Highlight diversity and inclusion: Emphasize your commitment to cultivating an inclusive workplace. Consider explicitly encouraging individuals from underrepresented backgrounds to apply.
• Offer accommodations: Provide information on how applicants can request reasonable accommodations if they have disabilities.

Equal Employment Opportunity Statement Example

Here’s a template for an equal employment opportunity statement:

[Company name] is an equal opportunity employer, and all qualified applicants will be considered without regard to race, color, religion, sex, disability status, or any other characteristic protected by law. We encourage applications from people of all backgrounds, particularly those from underrepresented groups. If you need assistance or an accommodation due to a disability, please contact us at [contact email/phone number].