U.S. flag
        An official website of the United States government
          Here’s how you know
        Here’s how you know**Official websites use .gov**
              
                A **.gov** website belongs to an official government organization in the United States.
        **Secure .gov websites use HTTPS**
              
                A **lock** (
              A locked padlock
              ) or **https://** means you’ve safely connected to the .gov website. Share sensitive
                information only on official, secure websites.  Home
                    *U.S. Equal Employment Opportunity Commission*

      search
      Menu
      Any of these words (optional)
Search

    close
            About EEOC
          
                        
  
    **About EEOC**
                        Overview
                                  The Commission and The General Counsel
                                  Commission Votes
                                  Meetings of the Commission
                                  EEOC History
                                  **News and Information**
                        Newsroom
                                  What You Should Know
                                  Legislative Affairs
                                  Publications
                                  Outreach and Education
                                  FOIA
              **Laws and Enforcement**
                        Laws, Regulations, Guidance and MOUs
                                  Discrimination by Type
                                  Mediation
                                  Litigation
                                  Systemic Enforcement
                                  Commissioner Charges and Directed Investigations
              **Programs and Performance**
                        Budget and Performance
                                  Initiatives
                                  Interagency Programs
                                  State and Local Programs
                                  Task Forces
                                  Tribal Programs
              **Data and Analytics**
                        Overview
                                  Data Governance
                                  EEO Data Collections
                                  Data and Statistics
                                  Data Tools and Products
                                  No FEAR Act Data
                                  **Inside EEOC**
                        Careers
                                  Office for Civil Rights, Diversity and Inclusion
                                  Doing Business with EEOC
                                  Privacy
                                  Office of Inspector General
          
                                            
  
      
                  
                        Employees & Job Applicants
          
                        
  
    **Employees & Applicants**
                        Overview
                                  Coverage
                                  Timeliness
                                  Prohibited Practices
              **Filing a Charge of Discrimination**
                        Filing a Charge
                                  How to File
                                  After You File a Charge
                                  Confidentiality
                                  Mediation
                                  Remedies
                                  Existing Charges
                                  Filing a Lawsuit
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin Discrimination
                                  Pregnancy Discrimination
                                  Race/Color Discrimination
                                  Religious Discrimination
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
          
                                  
  
      
                  
                        Employers / Small Business
          
                        
  
    **Employers / Small Business**
                        Overview
                                  Coverage
                                  After a Charge is Filed
                                  Resolving a Charge
                                  Commissioner Charges and Directed Investigations
                                  Remedies
              **Small Business Resource Center**
                        Small Business Home
                                  Small Business Requirements
                                  Frequently Asked Questions
                                  Tips for Small Businesses
                                  Making an Employment Decision?
                                  EEOC Resources
                                  Small Business Assistance
                                  Small Business Fact Sheet
                                  Small Business Videos
                                  EEOC Glossary
                                  Contact Us
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin
                                  Pregnancy
                                  Race/Color
                                  Religion
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
                                  Prohibited Practices
              Recordkeeping
                                  EEO Data Collections
                                  "Know Your Rights" Poster
                                  Training
                                  Other Employment Issues
          
                                            
  
      
                  
                        Federal Sector
          
                        
  
    **Federal Agencies**
                        Overview
                                  Federal EEO Coordination
                                  Federal Agency EEO Directors
                                  Laws, Regulations, Guidance & MOUs
                                  Management Directives & Federal Sector Guidance
                                  Federal Training & Outreach
                                  Resources
              **Federal Employees & Job Applicants**
                        Overview
                                  Federal Complaint Process
                                  Federal Sector Alternative Dispute Resolution
                                  Discrimination by Type
                                  Other Federal Protections
                                  Prohibited Practices
                                  Resources
          
                        
  
      
                  
                        Contact Us
          
                        
  
    Contact EEOC
                                  Find Your Nearest Office
                                  Office Operating Status
                                  Frequently Asked Questions

        
                  Languages
    English
              Español (Spanish)
                    Resources in Other Languages
                    عربي (Arabic)
              简体中文 (Chinese, Simplified)
              繁體中文 - Chinese (Traditional)
              Kreyòl Ayisyen (Haitian Creole)
              한국어 (Korean)
              Русском (Russian)
              Tagalog (Tagalog)
              Tiếng Việt (Vietnamese)
              فارسی (Persian. Farsi)
              پښتو (Pashto)
          

  

  Breadcrumb
Home
  Employers
  Small Business Resource Center
  Small Business Requirements

                      
                        

          
          
                        Small Business Requirements
              


          
  Image
                                              requirements

As a small business owner and an employer you may have legal responsibilities under the federal employment anti-discrimination laws.

Below you will find the information you need to determine whether the anti-discrimination laws apply to your particular business and if they do, what you need to know!

Do the federal employment anti-discrimination laws apply to my business?

It depends on how many employees your business has:

**If you have at least one employee:** You are covered by the law that requires employers to provide equal pay for equal work to male and female employees.

**If you have 15 to 19 employees:** You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability and genetic information (including family medical history). You are also covered by the law that requires employers to provide equal pay for equal work.

**If you have 20 or more employees:** You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability and genetic information (including family medical history). You are also covered by the law that requires employers to provide equal pay for equal work.

State and/or local employment discrimination laws may also apply to your business. State and local government websites may have information about these laws.

**See also:**

Who is an "employee" under federal employment discrimination laws?

Your Legal Responsibilities If the Federal Employment Anti-Discrimination Laws Apply to Your Business

Equal Pay for Equal Work

You must provide equal pay to male and female employees who perform the same work unless you can justify a pay difference under the law.

Don't Discriminate/Harass Because of Race, Color, Religion, Sex, National Origin, Age, Disability or Genetic Information

You cannot discriminate against or harass applicants, employees or former employees because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability or genetic information (including family medical history).

Policies/Practices with Negative Effect on Race, Color, Religion, Sex, National Origin or Disabilities

You cannot use employment policies or practices that have a negative effect on applicants or employees of a particular race, color, religion, sex or national origin or applicants or employees with disabilities unless the policies or practices are related to the job and necessary for the operation of your business.

Policies/Practices with Negative Effect on Age 40 or Older

You cannot use employment policies or practices that have a negative effect on applicants or employees who are 40 or older unless the policies or practices are based on a reasonable factor other than age.

Provide Required Reasonable Accommodations

You may be required to provide reasonable accommodations (changes to the way things are normally done at work) because of an applicant's or employee's religious beliefs, disability, or pregnancy, childbirth, or related medical conditions.

Prohibited Requests for Medical or Genetic Information

In general, you cannot request medical or genetic information from applicants. You may request medical or genetic information from employees only in limited circumstances.

If you legally obtain medical or genetic information, you must keep it confidential, with very limited exceptions, and in a separate medical file.

Don't Retaliate

You cannot retaliate against (punish) an applicant, employee or former employee for reporting discrimination, participating in a discrimination investigation or lawsuit or opposing discrimination (for example, threatening to file a charge or complaint of discrimination).

Inform Employees About the Laws

You must display a poster at your business that describes the federal employment discrimination laws.

Retain Employment Records

You must retain any employment records, such as applications, personnel, payroll and benefits records, as required by law.

Report Workforce Data

If you have 100 or more employees, or if you are a federal contractor with at least 50 employees and at least $50,000 in government contracts, you are required to complete and submit an EEO-1 Report to the EEOC and the U.S. Department of Labor every year.

The EEO-1 Report is a government form that requests data about the ethnicity, race and gender of your workforce.

**See also:**

Small Business Assistance
      
              Translate this Page
    EnglishEspañol (Spanish)Return to top

  EEOC Logo, Image
            U.S. Equal Employment Opportunity Commission

          EEOC Headquarters
              131 M Street, NE
Washington, DC 205071-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)

        Questions?

Call 1-800-669-4000
For Deaf/Hard of Hearing callers:1-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)info@eeoc.govFind your nearest EEOC officeFrequently Asked Questions
          Connect With Us

  FOIA
      
    
                      Privacy Policy
      
    
                      Disclaimer
      
    
                      Accessibility
      
    
                      Office of Inspector General
      
    
                      Promoting Access to Voting
      
    
                      USA.gov