The most recent issue of HR 411 newsletter from the folks at Sage Accounting Software had an interesting article that discusses a point that all employers need to consider.
How do you handle those "Loaded questions" such as firing Baby-Boomers or banning hats in the office?
It's such a good guide that I thought it was worth reprinting.
FACT: There were nearly 100,000 claims filed with the Equal Employment Opportunity Commission (EEOC) in 2008. With recent increases in the number of out-of-work Americans, this figure is likely to rise in the coming years; meaning that no business—even yours—is fully immune to discrimination claims.
More and more disgruntled employees are alleging discrimination in situations where they may have been passed up for another candidate, they were fired for poor performance, or they weren’t promoted as quickly as they thought they should be. To protect against claims like these, it’s necessary to have a solid, and consistently applied, policy on equal employment opportunities.
Consider these seemingly innocent actions taken by you and members of your staff:
- A manager asks an interviewee, “What year did you graduate high school?”
- To give the company a more professional feel, you issue a policy banning hats in the workplace
- You terminate a 60-year-old woman whose performance has been declining
- You tell several male employees that they “can bring their wives” to the company picnic
Intentions aside, if the employees in the above situations feel that the underlying reason for these or subsequent actions is not based solely on job-related and performance issues, they can claim discrimination based on age, religion, or family/marital status. You would then be left to prove to the court that your actions were not based on personal characteristics, but rather valid job-related circumstances.
Don’t become another statistic: Use the following 8 key considerations when drafting an anti-discrimination policy:
- Define the purpose. The purpose of your anti-discrimination policy, which is to provide equal employment and advancement opportunities to all individuals, should be clearly defined from the start. As such, employment decisions must be based on merit, qualifications and abilities, without regard to an employee’s (or a potential employee’s) race, religion, sex, national origin, age, or disability.
- Identify protected groups. Clearly define which groups are protected from discrimination, and keep in mind your state’s civil rights laws when doing so. For example, discrimination with regards to gender identity and sexual orientation is prohibited in certain states, but is not currently protected under federal law. Employers should check their state-specific requirements in order to ensure compliance with the law, provide for appropriate employee protections, and demonstrate the company’s commitment to non-discriminatory practices.
- Provide examples. Provide examples of the types of employment decisions that are made without regard to one’s protected characteristics. These include decisions relating to selection, job assignment, compensation, discipline, termination, and access to benefits and training.
- Identify a contact. Let employees know who they can seek out if they have questions or concerns about the company’s EEO practices. Employees with questions or concerns should be encouraged to bring these issues to the attention of their supervisor or the human resources department.
- Include an anti-retaliation clause. Employees should know that they are protected from retaliation. As such, it’s important to clearly state that no employee will be discriminated against, or discharged, for bringing about a complaint of discrimination or for assisting in an investigation into discriminatory practices.
- Describe the consequences. Clearly describe the consequences for engaging in discriminatory behavior. Anyone found to be engaging in unlawful discrimination should be subject to disciplinary action, up to and including termination of employment.
- Communicate your policy. All employees should be aware of your company’s policy on discrimination. Hold staff meetings distribute memos, and post the policy in breakrooms so that the severity of the issue hits home. It’s important to not only communicate the policy to your staff, but to stand by it as well. Doing so will demonstrate that you value, and strive for, a discrimination-free workplace.
- Follow company policy. Having an EEO policy in place is important for communicating the company’s commitment to preventing discrimination in the workplace. However, failing to follow it can leave you susceptible to legal claims. To limit liability you must follow your policy consistently and demonstrate that you exercised necessary care to prevent and correct discriminatory behavior.
By using caution and adhering to the above-mentioned considerations when drafting your anti-discrimination policy, you will be communicating to your employees that discrimination will not be tolerated and that you are committed to providing equal opportunities. And should a discrimination claim arise, employers that follow their policy consistently are demonstrating their due diligence in protecting against unfair employment practices.
