As the backbone of the American economy, small businesses consist of private sector enterprises that employ fewer than 100 employees and generate sales under $7 million per year. The Small Business Administration (SBA) is a bit more generous in its definition of a small business, but the point is small businesses help communities across the United States thrive economically.
Does this mean that a clothing boutique operating in Racine, Wisconsin or a surfing apparel retailer doing business in La Jolla, California is immune from many of the same problems that plague larger corporations? The answer is no, and discrimination in the workplace knows no boundaries when it comes to businesses of any size.
It is may be easier to detect discrimination found in small businesses, because the layers of bureaucracy are peeled back for both workers and managers to see. Let’s examine how a small business employee might experience workplace discrimination, before addressing ways for a small business employee to fight back against the injustice of workplace discrimination.
Examples of Workplace Discrimination Found at Small Businesses
Regardless of the small business, the types of discrimination that goes on closely resembles the types of workplace discrimination that occurs at larger companies. However, small businesses can experience unique cases of workplace discrimination that focus on diminished job skills.
For example, working at a small business requires a much broader set of skills than most positions at large corporations. At a larger company, employees may train to work in specialized positions, such as floor sales and behind the scene warehouse positions.
At a small business, employees may branch out into multiple job skill sets that range from bookkeeper to product manager. Although the skills required by many small businesses are not clearly defined, owners and managers expect employees to possess a wider variety of job skills than the skill sets possessed by workers at larger companies.
This is where discrimination may often develop at small businesses. Just because a worker hired to stock shelves at a large chain store is not proficient at working a cash register is not a reason to discriminate against the stocker.
In fact, employee paperwork typically confirms the original intention of hiring the employee as a stocker. If workplace documents make no mention of the employee’s job duties to stock product and ring out customers, then leaning on the employee for not being capable at working a cash register is not a reason to discriminate against the employee in any way.
Landmark Federal Laws
Several landmark federal laws prohibit the most common forms of discrimination that unfolds at small businesses. The Civil Rights Act of 1964 prohibits employers that employ at least 15 workers from discriminating against a number of protected classes.
In 1967, the United States Congress passed the Age discrimination in Employment Act that forbids age discrimination for businesses that have at least 20 workers on their payroll. Age discrimination is an especially important issues for small businesses, as many baby boomers have retired and now supplement retirement income by working at a wide variety of small businesses.
Filing a Discrimination Claim as a Small Business Employee
Regardless of the type of discrimination in the workplace, workers have one place to submit the paperwork required to facilitate a workplace discrimination claim: The Equal Employment Opportunity Commission (EEOC).
You can file a workplace discrimination claim against a small business in person at an EEOC satellite office, through the United States Postal Service (USPS), or by going online and accessing the discrimination form located on the EEOC website. You need to submit your name, address, and telephone number before describing the incident or incidents that cover the workplace discrimination claim.
Specific information, such as the dates and times of the incidents is critical to include for the EEOC to verify your discrimination claim. Names and contact information for witnesses is essential, as well as any documentation that demonstrates the small business reprimanded you or conducted itself in a way that proves the existence of discrimination.
Resolution of a Discrimination Claim
Because of the lower number of employees and more streamlined management systems, resolving a discrimination claim filed against a small business takes less time than a similar claim file against a company that employs hundreds of workers. Many small business discrimination claims involve personal relationship issues, such as discriminating because of race, gender, and sexual orientation.
Once the EEOC decides discrimination occurred in a small business workplace, the federal government agency determines the proper amount of compensation to award the victim of workplace discrimination. Compensation comes in the form of punitive monetary damages, as well as money for legal fees and court costs. If the EEOC cannot resolve your discrimination claim, the agency gives complainants a 90-day period to initiate a lawsuit against a small business.
To get help with your claim, complete the Free Case Evaluation today!
