What Is Discrimination and Employment Discrimination?

Imagine that an administrative assistant at your medical practice suddenly quits, and you quickly need to find a replacement you can trust to stick around for the long haul. You interview several candidates and pass on a particular applicant because she’ll need to take maternity leave within three months. Did you know that this could make you liable for employment discrimination? 

Discrimination comes in many forms. It can even mean entirely different things in the outside world and in your practice. If you fail to recognize these differences in your dental practice office, you could leave yourself liable to lawsuits and other legal consequences. Review the following information to protect yourself and everyone in your practice. 

Discrimination vs. Employment Discrimination 

When someone faces discriminatory behavior, it means that they’re being treated differently because of some reason. Whether this occurs in a chiropractic office or on the baseball field, there can be serious consequences. With employment discrimination, though, federal rules are in place that businesses must comply with. 

The Equal Employment Opportunity Commission (EEOC) lays out specific rules to protect individuals in your practice. Both employees and non-employees can face discrimination in your practice. Refusing to hire someone in a physical therapy office because you think their age will make them less effective, for instance, could violate the EEOC rules against age discrimination.

The EEOC defends against discrimination of the following forms:

• Unfair treatment related to protected statuses such as race, national origin, age, and other statuses. 
• Harassment by coworkers, owners, managers, and others in your practice related to protected statuses. 
• Refusing to offer reasonable accommodations linked to a person's disability or religious beliefs. 
• Asking certain questions or asking for disclosure of medical or genetic information. 
• Retaliating against an individual who complained about discrimination or took part in proceedings focused on employment discrimination.

There are many protected statuses under the EEOC. These include religion, age, sex (including gender identity, sexual orientation, and pregnancy), national origin, genetic and medical information, race, color, and disability. These rules can sometimes be complex. Firing someone for illness during the coronavirus pandemic, for instance, may instead fall under the FFCRA. 

Consequences of Employment Discrimination

In order for your medical practice to require EEOC oversight, it must typically have at least 15 employees. A physical therapist who only employs an assistant, for instance, will likely not be under the purview of these federal guidelines. Once someone files a valid claim of discrimination, though, things can become very difficult for a healthcare practice. 

An investigation will take place once someone files a claim. If it’s discovered that the employer engaged in employment discrimination, the following are a few of the potential consequences: 

• Mediation: Employers could avoid EEOC investigations entirely by handling complaints through mediation. 
• Employee lawsuit: Regardless of any EEOC findings, an employer who feels discriminated against can still file a lawsuit. 
• EEOC lawsuit: The EEOC can sue on behest of an individual if they feel employment discrimination has occurred. 
• Worker relief: If discrimination occurred, the EEOC can require an employer to reinstate an individual, promote them, or pay back wages. Specific remedies will depend on the situation.  
• Legal and court costs: The EEOC may require employers to reimburse individuals for court or legal costs. 
• Punitive damages: In addition to compensatory damages, courts may hand down punitive judgments. This amount could reach up to $300,000 per defendant.

There are some nuances to these rules — such as capped damages for age and sex discrimination — but the outcome is never positive when employment discrimination occurs in a healthcare office. Not only are the costs potentially devastating, but such a complaint could also ruin the reputation of an office. 

Medical practices should also note that the specifics of EEOC rules can change. This is often due to political issues — as we recently saw with the party-line vote to provide updated religious protections. This means your healthcare office must do more than just learn the rules; they must also stay abreast of sudden changes. 

How HR For Health Can Help

Discrimination is an improper act regardless of whether it occurs within or outside of the workplace. If it takes place inside your medical practice, though, the consequences could bankrupt your office. This is why it’s vital that you understand employment discrimination or use human resource professionals who know the nuance of the law. Contact HR For Health today to learn more.