Discrimination and harassment in the workplace are serious issues. They not only cut down on productivity and morale, but also can lead to costly and time-consuming lawsuits. Employers can prevent lawsuits by following anti-discrimination laws and by creating a workplace atmosphere that doesn’t tolerate harassing behavior. Here are some frequently asked questions about preventing discrimination in the workplace:
1. Question: What Is Discrimination?
Discrimination is the unjust treatment of a person on the grounds of specific qualities. Various federal laws prohibit prejudicial actions in a business setting based on age, sex, race, religion, color, national origin, disabilities and even genetic information. State laws may further define these restrictions.
2. Question: How Is Harassment Different Than Discrimination?
Harassment is a term often used for unwanted sexual advances in the workplace, but it also can be manifested in regards to race, sex, color, national origin, religion, age, disability, parental status and genetic information. Sexual harassment includes mistreatment due to sexual orientation, gender identity and pregnancy.
3. Question: Do Discrimination Laws Pertain Only to Hiring Practices?
No. Discriminatory actions are prohibited in many instances. They are not allowed in hiring, firing, compensation, training opportunities, promotions, transfers, testing, benefits availability, layoffs, recruitment, apprenticeships or use of company facilities.
4. Question: What Is the Best Way to Eliminate Discrimination in the Workplace?
Prevention is the most effective way to eliminate discrimination. Employers must be proactive about establishing a workplace where discrimination is not tolerated.
5. Question: Should I Create a Policy Specifically Addressing Discrimination?
Yes. Employers should have a written policy that clearly states the prohibition of discrimination in the workplace. It is best if an attorney reviews the policy to ensure it is comprehensive. All current employees must be required to read the policy and sign a document that indicates they’ve read and understand the policy. This step is vital in both preventing discrimination and avoiding lawsuits alleging discrimination.
6. Question: How Should I Adjust Our Company Hiring Process?
You should re-evaluate your hiring process to make sure it does not allow for inadvertent discrimination. This may call for adjustments to recruiting strategies, job postings, job descriptions and application requirements.
7. Question: How Can We Eliminate Discrimination in Our Daily Workplace Operations?
You can encourage equality by taking a leadership role in the effort. Make sure work groups have diversity among the members. Verify that your compensation plans are not gender specific. Foster cooperation among all employees during daily operations. Also, discourage casual disparaging remarks, inappropriate jokes or employee pranking. Let employees know it is their responsibility to discourage these types of incidents as well.
8. Question: How Can the Human Resources Department Help?
The human resources department is usually responsible for handling discrimination or harassment complaints. Make sure your HR staff is equipped with an action plan that addresses each complaint, allows for proper investigation, and follows with repercussions if the complaints are found to be true.
9. Question: How Can We Empower Employees to Report Discrimination or Harassment?
Your discrimination policy should address the importance of reporting improper behavior, but you can continually let employees know that complaints will be taken seriously and that retaliatory actions after complaints are made won’t be tolerated. If you ever feel you might not be able to sufficiently address allegations, consider bringing the issue to your business attorney.
10. Question: How Do We Document Discrimination Complaints?
You will want to keep a full record of the first complaint as well as every subsequent action taken. This not only keeps the investigation into the complaint on track, but also provides a history of the issue if the complaint eventually leads to legal action. Do not wait until the situation escalates to start documenting events.
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The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.