Who's Counting?
How you count your employees could save you from a lawsuit.
Title VII of the Civil Rights Act of 1964, which forbids
discrimination in hiring on the basis of race, sex, religion and
nationality, applies only to businesses with 15 employees or more.
The same goes for the Americans With Disabilities Act (ADA). Do
these laws apply to your business?
That might depend on how you count employees. If you have, say,
three employees or 30, the answer is clear. But what if the number
hovers right around 15, depending on how you count job-sharing
teams, part-timers and employees on leave?
The answer could be crucial if you're sued by a former
employee, because the coverage threshold is often the first line of
defense for a company facing a Title VII or ADA lawsuit. If you can
persuade a judge the law doesn't apply to your business, you
can have the lawsuit dismissed.
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