Joe Dominguez

Don't Freeze Out Your HR

Steps to Preventing Workplace Discrimination

In my last Insight, I talked about what business owners need to know about workplace discrimination. Employers can’t isolate their companies from these types of issues, but they can minimize their risk.

Steps to Take
So here are some steps companies can follow to help prevent workplace discrimination:

1. Draft Policies Prohibiting Workplace Discrimination—You need to take time to set clear standards and establish penalties for violators of any of these policies. It’s important for these policies to be put in writing. Polices should include all the federal anti-discrimination laws (see my first Insight), as well as state and local anti-discrimination laws. Do research to find out the state and local laws that govern your business.
   
   
2. Make Anti-Discrimination Policies Mandatory Reading—Companies need to make workplace anti-discrimination policies mandatory reading for all their employees, and should document employees’ receipt of these policies through a related acknowledgement. This will ensure that all employees know and understand them.
   
   
3. Conduct Related Training—Employers must educate their workforce.  Just because employees received the policy does not mean it is understood or that they know how to comply. More importantly, just because managers have the policy does not assure they know how to counsel others about their rights and responsibilities.  Policy distribution alone does not guarantee managers understand their own responsibilities for complying with and enforcing the policy. Consequently, employers should develop and provide regular training for managers and employees as one reasonable method for preventing harassment, discrimination or other employment law violations.
   
   
4. Implement Anti-Discrimination Policies Fairly and Consistently—Employers must implement policies that are compliant with current laws. Keep policies current, fair and consistent. Employers should always review their policies with legal counsel at least annually to stay abreast of the latest developments.
   
   
5. Investigate Complaints—You need to be timely and thoroughly investigate all workplace discrimination allegations. This is very important. Ignoring them will only make the situation worse. If you want to keep your workplace discrimination-free, you need to get to the bottom of it and stop it in its tracks.
   
   
6. Keep It Confidential—To the extent reasonable under the circumstances, keep workplace discrimination investigations confidential, and limit communication of related information only to those individuals with a “need to know.”  
   
   
7. Take Quick, Decisive Action—Once you’ve gathered information from your investigation, you need to take quick, decisive action. If the allegations were found to be true, you definitely need to be swift and make a decision, such as reprimanding, terminating or requiring related follow-up training for the offender.
   
   
8. Explain Your Decision—All decisions made in workplace discrimination cases should be clearly explained to the parties involved.
   
   
9. Foster an Environment of Equality—Your workplace should always foster equality. Fairness in the workplace is extremely important.

Step seven is probably one of the most important steps—aside from writing workplace anti-discrimination policies. If you set a positive example in your workplace and really demonstrate that you embrace workplace diversity, you’ll inspire your employees to embrace it, as well.

The information contained in this document is for general, informational purposes only and is not intended to be legal advice. This information is not a substitute for the guidance of a professional and should not be relied upon in reference to any specific situation without first seeking the advice of a qualified HR professional and/or legal counsel regarding applicable federal, state or local laws. HRTools, Insperity and their respective employees make no warranties, express or implied, and make no judgments regarding the accuracy of this content and/or its applicability to a specific situation. A reference or link to another website is not an endorsement of that site or service.