State and federal laws prohibit employers from discriminating against individuals on the basis of sex, race, age, disability, religion, ethnicity, national origin, sexual orientation, and citizenship.

Applicable national legislation includes the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans With Disabilities Act (ADA) of 1990, the ADA Amendments Act of 2008, the Age Discrimination in Employment Act (ADEA), and others, along with state-specific laws that may go beyond the federal legislation. The Equal Employment Opportunity Commission (EEOC) oversees harassment and discrimination complaints in the workplace.

The Equal Employment Opportunity Commission (EEOC) recently released an enforcement report that shows the first increase in discrimination charge filings since 2002. As in past years, race and sex discrimination as well as retaliation were the most frequently filed cases but there was also an increase in the number of cases that were filed for disability, religion and national origin.

According to the report, the EEOC recovered a total of approximately $274 million in monetary relief for charging parties. Although Federal law requires at least 15 employees on staff to file a discrimination claim with the EEOC, state laws may allow a discrimination claim with as few as one employee.

To defend against costly lawsuits, employers must understand these complex laws, adopt effective written policies, implement employee training, and establish clear, effective procedures for the resolution of any complaint or allegation.

Harassment judgments routinely exceed $1,000,000; plus, legal fees for defending a civil case in court average about $250,000. If that’s not scary enough, think about this: sexual harassment complaints are five times more likely to be filed against small businesses, according to the Society for Human Resources Management.

Failure to abide by the provisions of the ADA and the ADAAA can result in penalties and damages up to $50,000 per complaint during an investigation or lawsuit.