Historic California Ruling an Important Reminder for Business Owners
Yesterday's overturning of Proposition 8 in California brought the issue of equality to the country's attention. This is a good moment to remind yourself that, as a small business owner, it's your responsibility to ensure your company does not violate state or federal discrimination laws.
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PrintWednesday was a historic day in California. U.S. District Chief Judge Vaughn R. Walker overturned the state's Proposition 8 that had banned gay marriages. In his decision Judge Walker wrote, "The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples."
You might be wondering why I'm writing about gay marriage on a small business blog. Judge Walker ruled that Proposition 8 violated the U.S. Constitution because states can't deny any person "equal protection under the laws." That takes the ruling beyond gay marriage and puts it square in the laps of all Americans, including us small business owners.
Essentially encapsulating his decision, Judge Walker wrote, "Moral disapproval is an improper basis on which to deny rights to gay men and lesbians." David Boies, one of the lawyers arguing for the gay couples who brought the lawsuit, told MSNBC's Rachel Maddow that this case was about a "civil rights issue."
For business owners this all translates to making sure you, your employees, and your policies do not discriminate against anyone for any reason. In states where gay marriage is legal, you have to offer the same benefits (health care, day care, etc.) to all employees, gay or straight.
Discrimination comes in many forms and has various targets. Among the most common factors are disability, race, gender, sexual orientation, religion, and age. Most business owners are at least superficially aware of the laws and guard against overt discriminatory practices. Covert discrimination may be harder to identify, and therefore harder to stop.
A lot of people in this country judge others through their own moral prisms. If you have people like that working for you, it becomes your problem. And while you can't legally tell people on your staff what to believe, you can tell them how to behave. If your managers, supervisors, or other employees are treating another employee (or vendor, partner, or customer) differently for any reason, it is your responsibility to put an end to it immediately. If you don't, the offended party could sue and you could stand to lose a lot of money and perhaps even your business.
If you don't already have one, you need to create and distribute a formal workplace discrimination policy. It needs to clearly state that no discrimination will be tolerated, and set up a procedure for employees to follow if they feel they have been discriminated against. Any allegation needs to be investigated immediately. You or your HR person needs to find out exactly what happened. What was said to the person filing the complaint? Did something happen to them? Was anyone else involved? Were there any witnesses to the alleged incident? Document every conversation you have.
After you assess the situation, you may decide you need a lawyer to handle the aftermath. You can't ignore what happened, even if it seems trivial to you. If the transgression was relatively minor, a warning to the offending party may suffice. Or you might need to send the person to a counselor, or bring a professional in to discuss the problem with your entire company. In some cases, firing the offender might be the best action, which is why it's often smart to get a professional (lawyer or HR consultant) involved from the beginning.
It is also your responsibility to keep up with discrimination laws, both at the state and federal level. The U.S. Equal Employment Opportunity Commission (EEOC) offers training classes and has a great website loaded with important information.
As the owner of the business you serve as a role model. It is up to you to set the example -- no matter what your views may actually be.
From its very inception, America has been a refuge, a safe haven. In his decision Judge Walker wrote that our "fundamental rights may not be submitted to a vote." Indeed, it is our job as Americans and business leaders to stand up for and defend our nation's core principles including, as written in the U.S. Declaration of Independence, that "all men are created equal" and to make sure that every one of us is treated that way.
Follow Rieva on Twitter @Rieva and read more of her insights on SmallBizDaily.com.
