At times it may seem like overkill to constantly review and update policy and training to prevent and address concerns of discrimination, harassment, or retaliation, but in the long run it can save the reputation of your organization. Here are 5 steps to prevent employment discrimination and lawsuits:
Nip it in the bud! Don’t wait until an issue arises before you communicate your discrimination policies. Set policies that have a threshold just slightly higher than the law. If discrimination occurs, don’t wait for the problem to escalate, but address it immediately to keep morale and productivity in check. Remember the organization is watching to see how the claim is handled. Build a culture that embraces the fair treatment of others and respect among peers. Set the expectation early in the employee orientation and let them know the expected behavior to comply with company policy and federal law.
Develop best business practice Set the tone to minimize discrimination and harassment by conducting regular meetings that provide meaningful and effective training with a focus on the organizations relevant policies to the topics discussed. Track turnover rates to gauge if you are losing key classes of individuals or patterns are occurring in the exit process. Hold staff accountable if workplace issues occur within their departments. Include the treatment of fellow employees as performance metric, particularly for those in management or leadership positions. Establish on-going training with key staff to address relevant policies, ethics, leadership, and sensitivity exercises.
Take all complaints seriously! When you receive a complaint ensure that a prompt investigation will take place by a neutral party. Keep in mind, a jury will not see your HR person or your corporate attorney as neutral parties so choose an independent attorney or a HR consultant (if your state allows).
Remedy all issues uncovered. During the investigation, if you are willing to prove that the complainants concerns have been addressed and steps are in place to prevent it from happening again, chances are your employee will feel respected and understood. But be advised, any retaliation against the employee bringing the claim is also considered a serious infraction. Of all the claims brought to the EEOC, almost half are retaliation claims.
No one is above the law. Whether you think your organization is too small to matter or too large to notice, that is not the case. Of course, it is always best to avoid legal action and the best defense is confirm your policies and practices are compliant and sound. While no company actually condones harassment or discrimination, many are unaware when it takes place until it’s too late.
If you don’t take a proactive approach, be prepared for months of depositions, documentation discovery, and a jury trail with your organization footing the bill. Take the ‘ounce of prevention’ approach to avoid claims against your organization and prevent employment discrimination and lawsuits. If you want to learn more about your responsibilities to prevent discrimination in your workplace or have questions on how to prevent employment discrimination and lawsuits, contact PREEMPT CORP for an in-depth consultation.
