Discrimination: Do You Have Any Tips for Avoiding Discrimination Lawsuits?

Fortunately we haven’t been accused of discriminating against our employees or potential hires. But with all the lawsuits we’ve been reading about lately, we want to be proactive. Do you have any strategies or advice for preventing possible discrimination claims?
—Kris R., HR Director, San Jose

Discrimination is a big—and often costly—issue faced by employers throughout the state and across the country. Federal and California laws prohibit discrimination based on numerous protected categories, including race, religious creed, color, national origin, ancestry, physical or mental disability, age, political affiliation, and marital status.

So, how can employers steer clear of claims that an employee in a protected class was a victim of discrimination? At Employer Resource Institute’s recent 2007 California Employment Law Update conference in Berkeley, employment attorney Marc L. Jacuzzi, of the South San Francisco law firm Simpson, Innes & Garrity, P.C., offered these 10 practical strategies for avoiding discrimination claims:

1. If it isn’t work related, don’t consider it when making employment decisions.
2. Apply all company rules and policies equally to all employees.
3. Provide consistent signals and candid evaluations.
4. Take prompt action when making employment decisions.
5. Assume that all employees want to advance in the organization—don’t overlook anyone.
6. Give instructions and warnings clearly.
7. Before taking an employment action, hear and document the employee’s side of the story.
8. When making decisions, rely on objective facts. Avoid decisions based on subjective “feelings.”
9. Explain decisions to affected employees, and keep communication channels open.
10. Document decisions (including reasons for making them) and keep accurate records.

Don’t forget to share these tips with your supervisors to ensure that they’re taking appropriate actions when interacting with their workers.

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