How to Avoid Discrimination Claims
No sure-fire way exists to avoid discrimination claims in the workplace; however, you can take various steps to better protect yourself from an accusation of discriminatory business practices or even a lawsuit. It is crucial to establish certain procedures to minimize such risk that could quickly undo your company’s image, which you worked long to establish.
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Instructions
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Treat all employees the same. Be fair and consistent. If you fire an employee or face a discrimination lawsuit and the jury is convinced that you treated a certain race or gender differently, you could very well lose.
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Keep careful records. If you fire an employee for business reasons, you can win a discrimination claim if you have documentation. Keep records of disciplinary actions, performance problems, counseling sessions and any misconduct.
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Examine the demographics of your workplace. If the employee is a minority in your business, chances are higher you will face a claim. For example, if you fired the only woman in your workplace, she could claim you fired her due to gender because you preferred a man in the position. If you fired her or took disciplinary action against her for legitimate reasons, have records to back this up; otherwise, you leave yourself vulnerable.
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Never make statements about race, religion, gender, age or disability. If you have done so, then later fire an employee for cause, such statements can come back to haunt you.
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Have the one who did the hiring do the firing. This practice has been shown to result in fewer discrimination claims. The theory is that if the person willingly hired a woman, it is improbable that same person could later be accused of prejudice.
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Think about your own motives. Examine whether any truth really exists to the claim. Perhaps you exhibited a subconscious bias. Ask yourself whether you hold certain workers to higher standards or have certain views on women in the workplace, older workers, the physically challenged or even beliefs about different races. If so, have a trusted manager first review your reasons for taking disciplinary action or for discharging the employee before taking any action.
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References
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