How to Reduce the Potential for Employee Discrimination
Employment discrimination laws seek to prevent discrimination
based on race, sex, religion, national origin, physical
disability, and age by employers. Discriminatory practices
include exhibiting a bias in hiring, promotion, job assignment,
termination, compensation, and various forms of harassment.
The U.S. Equal Employment Opportunity Commission reported 72,302
individual discrimination charge filings in 1992. By 2004, the
number had grown to 79,432. As a Human Resource Manager or
business owner, you may be able to reduce your chances of an
employee suing you by instituting the following policies and
practices:
1. Hire employees without consideration of their race, national
origin, gender or age. 2. The handicap of an applicant should
only be considered in the context of whether it will impede
their job performance. It is important to take into account
whether or not you could reasonably accommodate the individual's
handicap so that they could perform the job. 3. If you are
turning down an applicant because of something on their
reference or security check, you should inform them of the
reason why. 4. Have written job descriptions, including
qualifications and requirements for all positions within your
company. 5. Post all job openings and promote without any bias.
6. Review all current benefit, pension and retirement plans for
any discriminatory language. 7. Inform employees of performance
standards and penalties for violating company policy. 8. Provide
written reprimands and opportunities to correct deficiencies. 9.
Evaluate all employees regularly and in writing. Provide a copy
of the evaluation to the employee for their records. 10.
Institute a zero-tolerance policy for discriminatory actions on
the part of any employee.
One final important practice that you should follow is to
document, in writing, every phase of an employee's time with
your company. From hiring to the firing/layoff/resignation,
every step should be well documented. In the event that there is
a lawsuit, courts will expect to see written records of
important decisions, meetings, problems, and company policies.
Additionally, they will want to see proof that you were treating
all employees the same.
While there is no list that can cover all possible safeguards,
instituting the policies and practices listed above can reduce
your chances of facing a lawsuit. More importantly, they just
represent sound business practices that any business with
employees should follow.