Thursday, September 12, 2013

How Do We Protect Our Employees Against Discrimination?

By Gregory Covey


It is unfortunate but discrimination does and will continue to happen in the workplace causing some very good employees to seek relief in the form of quitting, filing legal action, or both. If we are responsible for any number of employees it is our legal responsibility to protect them from any form of unequal treatment based on an employee's gender, sexual orientation, race, national origin, religion, age, disability, being pregnant, regardless of our personal beliefs. Not protecting an employee from any form of discrimination could cost your company an enormous amount of money.

Most of us think of discrimination as being some harsh blatant action taken by a supervisor against someone in one of the protected classes listed above. The fact is that most of time it is subtle and goes unnoticed by everyone except the victim. As an example someone may tell a "Blonde" joke during a staff meeting that the supervisor allows without any challenge. Or perhaps the supervisor allows a birthday cake to be presented that has a reference to someone's age and that maybe they should retire. All these seem harmless and most will laugh, but in the end they can begin to eventually cause harm.

Training is one of the most effective ways to avoid anyone taking part in any type of negative treatment towards someone because they fall into a protected class. Training should begin on their first day, which should consist of providing them with complete information on the subject matter. It is very important that they understand that any form of this behavior will not be allowed and what will happen if they engage in it. There should also be annual training classes that are provided and documented also.

A great way to make sure everyone is aware of your company's position on your discrimination policy and how they are to treat anyone within a protected class is to produce and provide an employee handbook. Your employee handbook should cover not only your policy on discrimination but every employment policy you have. Once you have produced an employee policy handbook the next step would be to make sure everyone gets a copy and signs for it.

Typically what generates a claim against a company is when an employee feels they were treated unfairly because of their protected class. So as an example, if your company has been only hiring individuals under forty and a training opportunity that is offered is given to the younger individual even though both are equal, it could spell trouble. This is why it is so important to document all your critical decisions so that you can show why you made them if legal action is taken.

Most business owners are trying their very best to do the right thing because at the end of the day it is about being successful and nothing else. However, as supervisors or business owners it boils down to whether you are aware, or should have been aware of something that has been going on that can cause you problems. Therefore, it should be one of your top priorities to make sure you are seeing what is taking place in your workplace. It is not to your advantage to sit at your desk all day thinking things are alright. When or if there is something going on that may not appear to be just right investigate it thoroughly. Your business is at stake if you don't.




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