5 Ways to Prevent Discrimination Charges
As more people lose their jobs in a shaky economy, charges of workplace discrimination are rising. According to the Equal Employment Opportunity Commission (EEOC) discrimination claims have jumped 15% during the past year. How can you protect your organization from having ex- employees file discrimination claims?
Rising unemployment leads to increases in discrimination claims. Companies are laying off thousands of employees, and many of them are charging discrimination in being terminated. The most common charges are discrimination based on race, sex and retaliation. As more Baby Boomers are losing their jobs, age discrimination has jumped 25% in 2008—the biggest increase ever.
Lower your chances of discrimination claims
Employers can help lower their chances of being charged with discrimination proactively, first by creating a nondiscriminatory work environment, and by being respectful of your employees. You should:
1. Know the Law
Make sure you and your employees understand anti-discrimination laws, and that they are enforced at work. Most employers are familiar with Title VII of the Civil Rights Act, which protects employees from discrimination based on age, diability, national origin, race, religion or gender. However, they also need to stay up to date on new laws that affect discrimination, such as the Lilly Ledbetter Fair Pay Act and changes in the Family Medical Leave Act.
2. Be Consistent
Make sure you are consistent in application of workplace rules and employee expectations. Don’t have one set of rules for some people but not others. Show consistently through your words and actions that discrimination will not be tolerated.
3. Maintain Employee Dignity
When you must let a worker go, do so directly, calmly and with respect to the employee. Don’t fire someone by email. Take time to meet with them and explain calmly why they are being let go. Let the employee vent, if necessary, and listen closely. Do his comments have validity? What can you learn from understanding his perspective? If you are laying off workers, give them notice. Employees who feel respected are less likely to seek retaliation.
4. Keep Documentation
Keep email records, meeting notes and personnel reviews. If you must fire someone, it is always helpful to have documentation of support. You may avoid potential discrimination charges if it is clear that you maintain accurate records.
5. Diversity Awareness Training
Diversity training can help prevent litigious behavior on the part of your employees. Organizations that have diversity awareness training have lower rates of discrimination claims and real long-term benefits, including iimproved productivity, team work, customer service and employee relations.
