How can you ensure compliance with the various discrimination laws?

How can you ensure compliance with the various discrimination laws?

Employers that take the following steps to implement antidiscrimination programs should be able to demonstrate good faith and may avoid punitive damage awards for managers' discriminatory employment decisions.

Establish an antidiscrimination policy stating that the organization is committed to equal employment opportunity for all. The policy should cover all aspects of the employment relationship. It should also contain a complaint procedure and an affirmation of the company's commitment to investigate complaints and to take appropriate action against employees or managers who violate the policy.

Communicate your company's policy on equal employment opportunity to all employees and job applicants through, for example, recruitment literature, application forms, employee orientation and training.

Train managers and supervisors about employer obligations under employment discrimination laws.

Convey to your managers and supervisors that the organization is liable for their hiring and other employment decisions that violate the employment discrimination laws, and just how expensive those consequences can be.

Review and retrain periodically any employees with hiring authority on:

  • the methods of interviewing,

  • what they can ask and what they should not ask;

  • on the requirement that hiring decisions be made for job related reasons;

  • on the specific requirements of the Americans with Disabilities Act.

Tell your managers, supervisors and staff the procedures to follow when confronted with complaints of discrimination from job applicants or employees.

Monitor all employment actions for compliance with discrimination laws.

Consult local and state law for requirements that may apply.

Stay up to date with new developments in discrimination law.

Consider a workplace diversity program to demonstrate your commitment to a bias-free workplace.

Reprinted with permission. © CCH
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