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Discrimination Q&As

• Under the rules for pay data reporting, what are “labor contractor employees”?
• If an employee receives a merit-based raise, do we have to pay other employees the same wage?
• Can we legally implement a policy of mandatory retirement at age 65?
• How do I know what the essential functions of a job are?
• What is an EEO-1 Form and who has to file one?
• At what point is an employer obligated to act based upon a discrimination complaint?
• If an employee is over 65 years old and it is taking him longer and longer to get his job duties done, can we address his physical symptoms?
• Can we prevent our employee from wearing religious items at work? What if it is a safety concern?
• What are the protected classes under the state and federal discrimination laws?
• Is there protection for applicant not hired because of no driver's license?
• Can I terminate an employee for visible tattoos?
• What restroom should a transgender employee use?
• Can I refuse to hire applicants who have heavy foreign accents or who are not highly fluent in English?
• Can I restrict my dress code in warmer weather?
• Can I have a separate dress code for men and women?
• Am I required to have a sexual harassment policy and distribute it to employees?
• Can we require that our employees provide us with race and ethnic information?
• Can I make flu shots mandatory for all employees?
• If an employee complains that other employees are speaking a language other than English, can we require that all employees speak English at work?
• Do all companies have to comply with discrimination laws?
• We have a customer who has requested that we exclude certain employees from work on their premises. Can we do this?
• Our company wants to create different policies for different departments within the company, such as requiring professional business attire for our office employees but allowing warehouse employees to wear jeans. Can we treat departments differently?
• Must an employer exempt an employee from a mandatory vaccination program for disability- or religious-related concerns?
• What name does a transgender employee use?
• Can employers implement a mandatory vaccination program?
• If a person with a disability applies for a job, do I have to choose them over other candidates?
• What employment laws protect workers with a disability and which employers are covered?
• Can we ask our employee to change the color of their bright pink hair to a more natural hue or tone down the color?
• Am I required to let an employee telecommute if they want to?