Yesterday, we looked at EEOC’s (allegedly egregious) discrimination case against Mavis Tire—1,300 hired, no women. Today, how you can uncover discrimination in your company.
We expect discrimination these days to be a little less blatant than what the EEOC says it found at Mavis Discount Tire.
You don’t really need an internal audit to tell you that if 1,300 people were hired and not one was a woman, you’re going to get sued eventually. And if only 1 of your 800 employees is female (also at Mavis, according to the EEOC), well, that’s another strike.
But for most organizations, doing an audit is the best way to find out what’s happening in the trenches. The audit makes sure you cover all the bases. Here’s a helpful audit checklist below for you to use.
Discrimination Prevention Checklist
The more questions to which you answer “Yes,” the more you are doing to prevent discrimination based on race, age, religion, national origin, gender, or other protected classes in your workplace in terms of hiring, promotion, and dismissal.
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To avoid discrimination in supervisory tasks, do you: |
Yes No |
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Keep employment decisions focused on job-related abilities and skills? |
Yes No |
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Identify “essential functions” of each job and describe them in objective language? |
Yes No |
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Focus on an individual’s performance of essential duties when making any employment decisions? |
Yes No |
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Know and follow federal, state, and local discrimination laws? |
Yes No |
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Know and follow your organization’s policies against discrimination? |
Yes No |
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Proceed with special caution when making an employment decision affecting a member of a protected class? |
Yes No |
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Make sure that any performance problems have been well documented? |
Yes No |
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Ensure that you can prove a layoff or transfer was based on a “business necessity”? |
Yes No |
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Not make placement decisions based on appearance or other characteristics unrelated to job performance, such as being overweight or bald or for personal habits such as smoking? |
Yes No |
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Treat older workers in a nondiscriminatory way? |
Yes No |
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Ensure that there is no retaliation against employees who exercise their rights under the law, take authorized leave, request accommodations, or complain of discrimination? |
Yes No |
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To prevent discrimination in the workplace, do you: |
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Take all complaints of discrimination or harassment seriously? |
Yes No |
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Appoint a special person to handle and investigate all complaints of discrimination? |
Yes No |
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Use exit interviews to ask departing employees if any problems existed? |
Yes No |
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Monitor the workplace for discriminatory posters, cartoons, joking, references, |
Yes No |
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Ask employees for any suggestions they may have about preventing discrimination? |
Yes No |
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Emphasize to all employees that discrimination is everyone’s concern? |
Yes No |
Even if you have a legitimate reason for termination or discipline, you can still get in trouble if an illegal motive was also a factor. Learn more.
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To ensure compliance, do you: |
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Treat pregnancy like any other temporary disability in terms of job rights and benefits? |
Yes No |
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Accommodate religious beliefs by allowing arrangement for coverage of jobs, if necessary, during religious holidays? |
Yes No |
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Use English-only policies only when required by a specific business necessity? |
Yes No |
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Clearly communicate your English-only policy so employees know when they are required to speak English and the consequences of violating the policy? |
Yes No |
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Engage in the interactive process when an employee requests a reasonable accommodation for a disability? |
Yes No |
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Document the reasons for decisions that affect wages, benefits, or other forms of compensation? |
Yes No |
Avoiding mixed motives: mixed motive Discrimination in California Explained
Live webinar coming this Friday, September 20!
10:30 a.m. to Noon Pacific
Despite the EEOC’s seemingly egregious allegations against Mavis Discount Tire, employee actions are rarely cut and dry. There are always two sides to the story in any workplace conflict.
But what happens when a situation with a difficult employee is particularly messy?
For example, what happens if a poorly performing employee announces she is pregnant?
What will be the trump card in the eyes of a jury—to err on the side of protecting an employee’s rights or an employer’s right to fire that employee and have a more competent worker take her place?
Recent rulings by both the California and U.S. Supreme Courts have changed how employers need to approach so-called "mixed-motive" cases, where employers need to understand their potential liability in making hiring or firing decisions about employees who may also be in positions to bring legal action for perceived discrimination.
This is especially important to understand in labor-friendly California.
While the rulings are good news for employers, since an employee’s burden of proof under the Fair Employment and Housing Act has been raised, there are still plenty of liabilities California employers must know about.
Join us this Friday, September 20, for an in-depth webinar about how these recent rulings impact how companies need to approach potentially complicated employee discrimination cases. Your presenter, a seasoned California-based labor and employment attorney, will also give you pointers on how to effectively handle poor performers without breeding mixed motive claims.
Participate in this interactive webinar for California employers, and you’ll learn:
- The basics on mixed motive cases—what they are, what they look like, and what to look for
- The background on recent court rulings in both the California and U.S. Supreme Courts, and what they mean to California employers
- A description of the kinds of discrimination accusations that can fall under the "mixed-motive" category—and how to avoid them
- Red flags that you might have a potential mixed motive discrimination case on your hands
- Tips for handling poorly performing employees who may fall under the mixed motive banner
- How this changes the kinds of damages your company may be responsible for
- The top three things you can do to avoid ever having to know what the phrase "mixed motive" even means
- And much more!
In just 90 minutes, you’ll learn how to identify potential situations in your workplace that could breed mixed motive discrimination claims and what you can do to protect your organization from liability.
Register now.
Download your copy of How To Survive an Employee Lawsuit: 10 Tips for Success today!