No company wants to face accusations of workplace discrimination. Yet, such accusations can occur – and sometimes without warning. As a business owner, your preemptive actions and the actions you take to address allegations are critical to protect your company and your teammates from HR legal issues
It is important to utilize both workplace discrimination lawyers and outsourced human resources consulting firms to ensure you’re taking actionable steps to address the threat of discrimination while instilling a strong workplace culture.
How to Protect Your Business Against Alleged Discrimination
No matter what you do to ensure a safe work environment, numerous concerns may develop that can, over time, lead to disgruntled employees who genuinely or falsely accuse your company of discrimination. You cannot stop them from filing a lawsuit against your company. However, there are several strategies that can help limit your risk and navigate workplace discrimination laws effectively.
#1: Establish an Employee Handbook
The first and most important step is establishing a legally compliant and thorough employee handbook. An employee handbook that contains anti-discrimination and harassment policies can help employers defend themselves, as noted by the U.S. Equal Employment Opportunity Commission.
An employee handbook is one of the most important resources to protect your company and your employees. Create one that meets the legal requirements within your region. It should include, but is not limited to:
- A code of conduct that you expect employees to follow
- Timekeeping and disciplinary policies
- Benefits and pay
- Specifically defined methods for reporting discrimination or other unfair treatment
#2: Follow Your Employee Policies
Once you have a well-designed and implemented employee policy in place, follow it. Deviating from following these policies will leave you open to discrimination claims and legal issues in HR. That means ensuring that:
- Employees are taught what is in the employee handbook and training sessions are logged properly
- It is used as a guideline for how to handle discrimination claims
- All aspects of benefits, pay, timekeeping, and disciplinary action outlined within the guidebook are followed equally by all employees
This clarifies that all employees are treated similarly across the board. If one employee is treated differently, that could be grounds for discrimination if the actions are based on protected classifications of employees.
#3: Employee Discrimination Training
Rules are meaningless if they are not taught. You can do this in several ways:
- Host team building meetings where you go through the entire document and answer questions
- Require employees to sign documentation that they received the employee handbook and had it explained to them.
- Maintain these training plans for all new hires and keep a log in employee files.
- When rules change, update employees and have them re-sign.
To avoid HR legal issues, ensure employees and management understand the definition of discrimination and the subtle nuances in behavior that can make all the difference. Do not assume all employees define discrimination the same way.
- Teach employees what discrimination classes are and important policies within your company, including age, disability, sex-based discrimination, gender-based, etc.
- Make it clear that you do not tolerate any type of discrimination, and ensure this extends beyond employee handbook references in case you missed a less common kind of discrimination
- Document any instances of discriminatory behaviors as soon as you become aware.
#4: Establish Actionable Processes
With training in place, your employees know what is allowed, but what happens when something is not right? Along with training, include information about what they can do to report a claim. Answer the questions:
- Who do they report their claim to?
- How do they report the claim? (write it down, communicate with management, etc)
- What should they avoid doing, such as keeping it under wraps?
It is also essential that you have a clear process for employees to come to you if they feel they have been treated unfairly. Instill a strong reporting system that makes it both safe and easy for an employee to report what they experienced or saw. Encourage the act of reporting and consider the following key elements of this process:
- Ensure anonymity: Be sure that employees feel they can come forward without the risk of their identification being leaked. Confidentiality is key and ensures investigations can occur quickly enough to avoid more serious outcomes.
- Ensure a no-retaliation policy: Your employee guidebook should include specific rules against retaliation against an employee who comes forward, including any reporting of alleged discrimination.
- Prompt investigations: Ensure a prompt investigation of all discrimination claims and document the entire process clearly. Hire a workplace investigation lawyer to ensure the investigation is done properly.
#5: Assign a Team to Manage Discrimination Matters
Finally, put a team in place if concern arises. These professionals should be highly trained. It is best to have these conversations with your employment attorney, who can ensure your team is properly educated.
Follow up with mentoring and coaching! Make sure these professionals take their responsibilities seriously, which could influence their ability to do their job. Provide the time, financial compensation, and support they need to maintain compliance.
Working with a Workplace Discrimination Lawyer
HR laws are incredibly challenging to follow but critical to master. By creating a positive workplace culture, establishing rules to protect that culture, and working to ensure discrimination is not part of your business, you minimize the risk of lawsuits related to discrimination.
A workplace discrimination attorney can help you create a clear and well-defined employee handbook while also implementing restrictions, supportive resources, and insightful tools to promote a positive environment.
Building Culture with HR Outsourcing for Small Business
Though not required from a legal standpoint in HR law, creating and promoting a diverse workplace is critical to minimizing the risk of discrimination. It is imperative to instill a workplace culture that actively welcomes and supports people of all backgrounds, ages, and orientations. HR outsourcing for small businesses can help. If you’re unsure of the most effective way to encourage this environment, contact Human Resources Consulting Firms like Lindenberger Group for further assistance.
About the Author: Ayesha Hamilton
This blog was written for Lindenberger Group by Ayesha Hamilton, Esq., Trial Lawyer and Owner of Hamilton Law Firm LLC. Hamilton Law Firm is a Mercer County based law firm which specializes in all forms of employment law, representing a variety of employees and employers in New Jersey, New York, and Pennsylvania. Though the Firm serves a wide variety of clients, Hamilton specializes in defending senior-level, director, and C-Suite executive employees and whistleblowers against large companies including but not limited to pharmaceuticals, financial institutions, and law firms. Learn more about their services by visiting www.ayeshahamiltonlaw.com.