These days employers need to be extra careful when making employment decisions. In today’s litigious society more and more disgruntled employees are claiming discrimination in situations where they may have been passed up for another candidate, they were fired for poor performance, or they weren’t promoted as quickly as they thought they should be. It’s difficult for employees to face the reality that perhaps they just aren’t good enough; it’s easier to place blame on the employer and claim discrimination.

The Equal Employment Opportunity Commission (EEOC) oversees a variety of anti-discrimination laws, which in aggregate make it illegal for employers to discriminate on the basis of: race, color, religion, gender, age, disability and national origin.

Certain employment practices make employers more susceptible to discrimination claims; particularly that of hiring and firing. When making these sensitive decisions and ensuring a discrimination-free workplace, there are some guidelines employers should follow to protect themselves against litigation and hefty fines:

1. Develop and communicate an anti-discrimination policy. A policy on anti-discrimination is essential. Your policy should address protected characteristics and how questions or concerns regarding discrimination should be handled. It should be clear that employees are free to raise complaints without fear of reprisal. It’s one thing to have a policy on the issue, but it’s another to follow it; be sure managers are trained on anti-discrimination laws and consistently comply with them in all employment practices.

2. Always document. No matter how stellar the employee’s past performance or conduct has been, if there is ever a problem, document it! Terminating an employee without a paper trail indicating they have not been performing up to par, will only help an employee’s case that you fired them because of their gender, race, age, disability, etc…

3. Discipline consistently. Discipline employees consistently, regardless of race, sex, religion, or other protected classification, and maintain thorough documentation of any disciplinary measures taken. Ensure that all staff and supervisors comply with and consistently apply established company policies and procedures regarding discipline; failure to do so can be used as evidence of discrimination.

4. Establish consequences. Take immediate and reasonable steps to stop any discriminatory conduct by supervisors or other employees. Accountability is important in demonstrating the severity of the issue. Speak directly with the individuals who are engaging in discriminatory conduct, warn them that such conduct is unacceptable and, if the discriminatory conduct is severe, consider taking formal disciplinary action.

5. Consider diversity training. In order to promote awareness, establish a diversity training program. In the event of a discrimination lawsuit, evidence of a mandatory diversity training program is an excellent means of establishing an employer’s good-faith efforts to prevent discrimination in the workplace. And with a variety of low cost do-it yourself solutions, diversity training doesn’t need to burn a hole in your pockets.

6. Know your state laws. Your state-specific laws may allow for greater employee protections. For instance, a handful of state laws protect against gender identity and sexual orientation discrimination, which currently, are not covered under Federal law. In situations in which state and federal laws differ, the regulation that provides for greater protection for the employee must be followed. To find out your state-specific discrimination laws, go to our State & Federal Laws and view the Civil Rights topic.

7. Ensure consistent hiring practices. When hiring, be sure to follow the same procedures for all candidates. For instance, conducting a background check on one candidate, but not requiring it of another will be viewed as discriminatory. All similarly situated applicants should be treated the same, so it’s important to ensure all candidates for a given positions are put through the same rigors.

8. Don’t ask illegal questions. When interviewing an employee, or on an application form, employers are not permitted to inquire about: age, race, national origin, disability, martial/family status, religion, arrest record, or organizational memberships that are not work-related. If this information is revealed, it can later be held against the employer as a reason for not hiring the candidate. To err on the side of caution, only ask questions that pertain to one’s ability to perform the essential functions of the job. Focusing on an applicant’s past work experience, relevant education, and ability to perform the duties of a given position will help to prevent discrimination claims.

9. Develop a compensation plan. It’s important for employers to spend some time developing an equitable and competitive salary structure. In order to do so, it’s necessary to analyze each position within the company to determine the level of experience that is necessary as well as the qualifications needed and overall value of the position to the company. These factors will play into determining the salary of a position. If all positions are looked at in an objective fashion, claims of inequitable pay practices aren’t likely to surface.

10. If concerns do arise, take action! If an employee brings to your attention that he or she feels as though they are being discriminated against, you must take action immediately. Ignoring employee concerns will only serve to support an employee’s claim of discrimination. Your first course of action should be to investigate the claim. Interview the parties involved, and if the claim is serious enough, suspend the suspect pending the results of your investigation.

By following the above-mentioned guidelines, which focus on consistency, documentation, and awareness, employers will mitigate their risk of discriminatory claims. And should a claim still arise, employers that follow these tips are demonstrating their due diligence in protecting against discriminatory practices.