Companies work hard to create inclusive workplaces for their staff. However, even businesses with good intentions can find themselves defending against discrimination claims.
Unclear policies, inconsistent enforcement and poor documentation have landed many employers in court. Understanding your obligations under state and federal laws can reduce your exposure risk.
Clear policies and training are key
Many of these claims don’t arise from overt bias. Sometimes, they are due to preventable errors. To reduce your risk of discrimination claims, you should have clear, updated anti-discrimination policies that prohibit discrimination and harassment. The policy should include things like the following:
- The list of protected characteristics under Pennsylvania and federal law
- A clear reporting and investigation process
- Assurance that there will be no retaliation against employees who report discrimination.
However, policies alone are not enough. Inadequately trained supervisors are often a source of legal exposure. Comprehensive anti-discrimination training should teach them how to recognize and prevent discriminatory conduct, how to respond when an employee has a complaint and why consistent discipline and clear documentation are essential.
Inconsistent discipline and treatment can quickly trigger discrimination allegations. Similar conduct should result in similar discipline, and any exceptions need to be documented and justified.
Addressing discrimination complaints when they arise
Employers need to take all discrimination complaints seriously and act promptly. Conduct a fair, impartial investigation and take appropriate corrective action when necessary. Even if the complaint is unproven, you can be open to liability by failing to investigate or delaying action.
Federal and state laws don’t always align. Therefore, a legal professional should review your policies or employee handbook. They can also respond to any complaints of discrimination. Early intervention can often prevent disputes or keep them from escalating into litigation.