Employee Discrimination Prevention Procedures

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By Prisca Rollins
eHow Contributing Writer

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Discrimination in the United States is illegal and is defined by discriminating against an employee protected under certain classes, including gender, age, race or religion. Additionally, creating an atmosphere that is abusive, offensive or hostile is considered discrimination. When an employee files a discrimination claim, he is protected under any retaliatory action from his employer. Individual states have additional laws that protect an employee from discrimination. Employers proven to discriminate or that have condoned discrimination can be fined, sued or both. Prevention measures can be implemented to avoid discriminatory behavior in the workplace.

Effects of Discrimination

Effects on victims of discrimination can lead to violence or harassment in the workplace. Discrimination can have damaging psychological effects on an employee, resulting in distress disorders. Effects of discrimination can change the atmosphere negatively and affect productivity and communication of employees in the workplace.

Understanding Discrimination

Understanding of discrimination is important to prevent discrimination. Discrimination can be intentional or unintentional. Age discrimination protects persons over the age of 40; in some cases they are told they are "overqualified". Disability discrimination protects individuals with a handicap from being discriminated against, and reasonable accommodations should be made to assist in the performance of their jobs. National origin protection ensures that no employee shall be discriminated against based on the origin of her birth. Furthermore, it is illegal to consider race, religion or gender in determining employment status, promotions or salary.

Indentifying Discrimination

Discrimination can come in different forms and is identified by harassing behavior or decisions that deny opportunity or rights to certain individuals. For example, if an employee is qualified for a promotion, pay raise or is the most qualified for a position and is denied employment, turned down for a raise or promotion due to any of the protected reasons, it is categorically discrimination. Under federal and state laws,punitive damages may be awarded to the affected or potential employee.

Prevention Measures

Preventive measures should be instituted in every company to avoid discrimination. Diversity awareness should be implemented as well as self-audits and compliance efforts. Guidelines must be integrated into a business and include a zero-tolerance policy for discriminatory behavior or retaliation. Written manuals should be distributed to all employees.

Filing Discrimination Charges

Filing a charge of discrimination is initiated by visiting the nearest EEOC office or by mail. Information must include your name, address and phone number of the victim and responsible employer or union. A description of the violation should be included and what rights were violated. A charge of discrimination should be filed within 180 days of the incident, but may be extended to 300 days if the victim's charge falls under state or local discriminatory laws, too.