Steps An Employer Can Take to Discourage Discrimination Claims

Employers should consider having an anti-discrimination policy and conducting anti-discrimination training for appropriate personnel. A written policy makes the company’s position clear. Training makes sure that employees know how to apply such policy. Training on-site can help workers understand how their actions and subconscious decisions can negatively affect others in the workplace. Stereotypes, bias, and false assumptions can cause discrimination that hurts not only the individuals affected, but also workplace productivity.

Adequate training and continuing education can help prevent and correct discrimination from occurring. Workplaces should reflect fairness and equal opportunity; but if discrimination occurs, an employer can face discrimination charges and further claims of harassment, retaliation, and hostile work environment. Businesses may want to seek the guidance of an experienced discrimination attorney to explain the law and best practices, and incorporate these steps into company handbooks, training, and continuing education.

Keeping thorough employee records also helps to deter discrimination claims or at least make them more defensible. Poor job performance and disciplinary actions that are adequately recorded can go a long way toward defeating a discrimination claim. Employers may wish to take preventative steps to be sure any job changes will not be perceived as discriminatory. While that is not always possible, a few minutes of preemptive thought may save a nasty dispute and prevent tens of thousands of dollars in attorney’s fees. Managers, for example, may want to think through any modifications of a worker’s role, hours, and future opportunities with human resources, their supervisor and/or legal counsel before an actual change occurs. A good rule of thumb is, when a manager is in doubt that something could be misperceived as discrimination, that manager should talk with his or her boss, HR or legal counsel.

Employers should have a knowledgeable Austin employment lawyer on their side when faced with discrimination, retaliation, and harassment claims. To learn more, contact Austin employment attorney and Austin business lawyer Gregory D. Jordan at (512) 419-0684.