Best Practices to Avoid Discrimination Claims

Putting Preventative Discrimination Measures in Place

Implementing best practices to avoid discrimination claims is something every employer should do. Fortunately, guidelines can help employers during hiring, with employment conditions and also in general.

The Equal Employment Opportunity Commission (EEOC) provides the following guidelines.

General Practices

General practices include:

  • Training Human Resources managers, company supervisors and all employees on EEO laws. Ensure they understand the laws and enforce them. Also employers should hold them accountable.
  • Promote an inclusive workplace culture. Encourage respect for differences and professionalism.
  • By encouraging open communication and early dispute resolution, you can often avoid lawsuits. Alternative dispute resolution, such as mediation or arbitration can also help resolve issues.
  • Avoid subjective decision-making by establishing neutral and objective criteria.

Promotional and Hiring Process

When promoting jobs and hiring, do the following to avoid discrimination:

  • Diversify the candidate pool.
  • Conduct self-analyses to determine whether promotional and hiring processes are treating protected classes differently. Correct discrepancies.
  • Analyze jobs in terms of duties, function and relevant competency required. Then devise objective, job-related qualification standards for evaluating candidates.
  • Ensure your selection criteria does not disproportionately exclude individuals in protected classes.
  • Communicate about and make job openings known to all eligible employees.
  • If using an outside agency, make sure it is not using discriminatory practices for candidate searches.

Employment Conditions

You should ensure the terms, conditions and privileges of employment are equal and fair for all workers. The following guidelines can help you with this:

  • Ensure that you base employee job evaluations on performance and give comparable ratings for comparable jobs. Keep evaluations consistent and monitor to ensure no potential discrimination is involved.


  • Train and mentor employees of all backgrounds so they have the opportunity, skills and experience for performing well. All employees would have equal access to workplace networks.
  • When employees provide complaints or information about complaints, ensure no retaliation occurs.

Do you have concerns or questions about preventing workplace discrimination?

An experienced employment law defense attorney can address your concerns and answer your questions. Call (718) 275-6500 to arrange an appointment with Stephen D. Hans & Associates, P.C.

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