How to Avoid a Discrimination Lawsuit

Federal law prohibits discrimination based on race, gender, color, religion, pregnancy, national origin, disability and age (for those 40 and over). States also have their own laws prohibiting discriminatory practices. Employees should follow these steps to avoid discrimination lawsuits.

Instructions

Difficulty: Moderately Easy

1. Act without regard to an employee or potential employee's race, sex, age or national origin. Physical disabilities or limitations should only be considered in the context of job performance, for example, when determining whether the employee could perform the essential functions of a position with or without reasonable accommodation.
2. Develop employment policies and procedures designed to avoid discriminatory practices and follow them consistently. Providing written job descriptions, including necessary qualifications, and posting all open positions can help avoid a discrimination lawsuit.
3. Enforce a zero-tolerance discrimination policy. Make sure managers and workers understand the seriousness of the policy. Supervisory personnel should also be held accountable to the company's employment policies.
4. Evaluate all adverse employment decisions before implementing them to make sure the policies and procedures have been followed consistently. Check to see if written warning and an opportunity to correct the problem was given to the employee.
5. Document everything. Failure to document poor performance early and accurately can hurt your case in a discrimination lawsuit. Effective documentation should focus on factual information and be prepared at or very near the time of the event. The documentation should be thorough and accurate, and done consistently on all employees.

Tips & Warnings

• You may want to consult an employment law attorney if you have any questions regarding how to develop effective employment policies and procedures, or for general advice regarding how to avoid a discrimination lawsuit.