violates employees’ Section 7 rights to participate in concerted activity for mutual aid or protectionĮmployment discrimination is prohibited by federal, state, and local statutes (see Practice Note, Discrimination: Overview and Anti-Discrimination Laws: State Q&A Tool).negotiates employees’ terms and conditions of employment with an affinity group instead of a union that represents employees for collective bargaining purposes.Unfair labor practice (ULP) charges under the National Labor Relations Act (NLRA) if the employer:.Wage and hour issues under the Fair Labor Standards Act (FLSA) or state wage and hour laws, including handling time-off requests and compensability of employee time spent participating in affinity group activities (see Wage and Hour Issues).Retaliation claims if the employer takes an adverse action against an employee for protected activity occurring in the context of an affinity group.(See Discrimination and Harassment Claims.) the employer treating certain affinity groups or their members differently than others.employees opposing the mission of certain affinity groups.topics discussed or comments made during group meetings that employees find offensive.the employer not recognizing certain affinity groups.Discrimination, harassment, hostile work environment, or failure to accommodate claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), or other federal and state anti-discrimination laws based on:.Employee resistance or confusion over a group’s purpose and participation guidelines.There are also several potential disadvantages and risks to these groups, including: Enhancing the employer’s public image in its marketing, recruiting, business development, and other external efforts.Providing a support group for employees.Fostering professional development and learning through mentoring, networking, open dialogue, and the exchange of ideas.Increasing employee job satisfaction, morale, and productivity.Promoting diversity, cultural awareness, and an inclusive work environment.Attracting, recruiting, and retaining employees.Preventing and Responding to Discrimination Complaints Checklist.Īffinity groups have many recognized benefits for both employers and employees, including:.Discrimination Prevention Training: Best Practices Checklist.Practice Note, Discrimination: Overview.Standard Document, Equal Employment Opportunity Policy. This Note discusses the benefits and limitations of workplace affinity programs and the steps employers may take to avoid legal pitfalls in the process.įor more information about equal opportunity and diversity in the workplace in general, see: Affinity groups are one method employers use to attract, retain, support, and foster the exchange of ideas from employees of diverse backgrounds.Īs employer-sponsored diversity initiatives like affinity groups become increasingly popular in the workplace, employers should also be aware of the legal considerations and risks associated with affinity groups and the best practices to minimize these risks. Supreme Court noted in a case challenging a law school’s diversity-conscious admissions policy, “major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints” ( Grutter v. These business purposes include employee recruitment, retention, and professional development. Many employers choose to recognize and support these groups because of the benefits they provide to both the employer and its employees and the business purposes they serve. Private employers are not required by federal law to have workplace affinity groups. Examples of affinity groups include women in the workplace working parents lesbian, gay, bisexual, and transgender (LGBT) groups and any other group based on a common set of interests. Affinity groups are generally initiated by employees and often involve or implicate protected classes, such as sex, gender, sexual orientation, race, national origin, disability, and veteran status. This Note addresses federal law.Īffinity groups, also known as employee resource groups, are employee groups organized based on social identity, shared characteristics, or life experiences. This Note addresses the benefits and risks associated with workplace affinity groups, including potential discrimination and hostile work environment claims, wage and hour issues, and traditional labor law matters, and the steps employers may take to minimize these risks. This Practice Note describes legal considerations and best practices for affinity groups in private workplaces. September 2017 edition Affinity groups in the workplace
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