Are There Best Practices for Employers to Avoid Discrimination Issues?

It can be a relief when employers understand they can use best practices to avoid discrimination issues. As Benjamin Franklin said, “An ounce of prevention is worth a pound of cure,” and this holds true for businesses that want to avoid discrimination litigation.

Not every business is subject to Equal Employment Opportunity Commission (EEOC) laws. Businesses with 15 or more employees are subject to Title VII laws and businesses with 20 or more employees are subject to Age Discrimination in Employment Act (ADEA) laws. However in New York, employees with four or more employees are subject to New York Anti-discrimination laws.

Best Practices

The EEOC outlines best practices for HR professionals and employers to follow that encompass:

  • General work atmosphere
  • Recruitment/hiring/promotion
  • Terms, conditions and employment privileges
  • Harassment

General Work Atmosphere

The top level of the business including HR professionals, managers and supervisors should receive training in EEO laws and so should employees. Top positions should enforce the laws and promote an inclusive workplace culture that fosters open communication and early dispute resolution. They should use neutral and objective criteria as opposed to subjective or stereotypical criteria to make employment decisions.

Recruitment, Hiring and Promotion

HR professionals should diversify the pool of candidates considered for positions. Self-analysis is important to determine whether minorities are being treated differently or being disadvantaged. HR should also ensure that qualifications for positions actually meet business needs and are important and do not involve educational requirements that disproportionately exclude certain racial or minority groups. HR should also ensure that job positions are communicated to all eligible employees. If HR uses an outside placement agency, it must ensure the agency does not discriminate.

Terms, Conditions and Privileges of Employment

Businesses should monitor their compensation practices and appraisal systems to ensure no patterns of bias exist. Employers should ensure all employees receive the training and information necessary to perform their jobs well. They should prohibit retaliation when employees make complaints.

Harassment

By using clear explanations and examples of what harassment is, you can often keep harassment out of the workplace. Periodically train employees on anti-harassment policies and enforce them. Adopt a streamlined complaint process where as much as possible you protect the confidentiality of the complainant. Also, conduct prompt and impartial investigations and take immediate, appropriate corrective action.

Get Legal Help

Stephen Hans & Associates has decades of employment law litigation experience and can assist you with establishing anti-discrimination policies and handling employment disputes.