With the abundance of anti-discrimination laws and the growing number of disgruntled employees flooding the courts with EEOC charges, employers need to be extra cautious when making employment decisions. Even seemingly harmless employment actions may be construed as discriminatory if such decisions negatively affect a certain group of people. Intentions aside, in order to combat discrimination claims and ensure fair and equitable employment practices, employers need to elicit measures for preventing discrimination.

But how can you prevent discrimination when you don’t even know you’re doing it? Unconscious or “implicit” discrimination occurs when employment decisions such as, hiring, firing, or promoting are based on subtle, ingrained biases against certain groups. This typically results in a disproportionate number of members of a protected class receiving opportunities. The best way to combat against discriminatory practices is through awareness, accountability, and through the development of systems that ensure all decisions are based on merit and ability rather than any other preconceived notion or engrained bias.

Below are some guidelines for preventing discriminatory behaviors in your workplace:

1. Treat all employees the same. With regards to preventing discrimination claims, one of the most basic ways to avoid problems is by treating all employees (and applicants) alike. Discrimination laws aside, in order to ensure good employee relations and satisfied workers, equality is essential. All employees with similar backgrounds and experiences should be given equal opportunities. A rule of thumb: when making employment decisions make sure you are relying on sound business reasons not personal beliefs or preconceived notions.

2. Only ask job-related questions. When interviewing candidates, only ask job-related questions. Don’t ask applicants if they have children, where their ancestors are from, or what religion they are. If this information is revealed, it can later be held against the employer as a reason for not hiring the individual. And for that matter, don’t ask your employees personal questions that can later come back to haunt you. To err on the side of caution, only ask questions that pertain to one’s ability to perform the essential functions of the job.

3. Broadcast your anti-discrimination policies. All employees should be aware of your company’s policy on discrimination, harassment, and retaliation. Hold staff meetings distribute memos, and post the policies in breakrooms so that the severity of the issue will really hit home. It’s important to not only communicate these policies to your staff, but to stand by them as well. Doing so will demonstrate that you value, and strive for, a discrimination-free workplace.

4. Establish a grievance process. Develop a system for employees to raise concerns if they feel as though they have been discriminated against. A typical grievance process starts at the lower-level and if not resolved, works its way up the totem pole. Employees are encouraged to first raise concerns with their supervisors and if they still aren’t satisfied they should then be encouraged to submit a formal written grievance to management. Management is then responsible for reviewing and investigating the facts at hand as well as reaching an appropriate resolution. If an employee brings to your attention that he or she feels as though they are being discriminated against, you need to take action immediately. Ignoring employee concerns will only serve to support his or her discrimination claim.
5. Train employees. 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.

6. Train managers and supervisors. Hold separate training sessions with your managers and supervisors in order to ensure they are familiar with company procedures for handling discrimination complaints, making employment decisions, and ensuring against retaliation. And with a variety of low cost do-it yourself solutions, diversity training doesn’t need to burn a hole in your pockets.

7. Hold employees accountable. Make it known that employees who do engage in discriminatory behavior will be help accountable. Managers especially, need to be aware of the repercussions that come from discrimination, including suspension and termination.

8. Develop an affirmative action plan. Even if you are not required to comply with federal Affirmative Action requirements, it may be in your best interest to develop an affirmative action plan in order to be sure that when hiring, promoting, and providing access to training opportunities that you are reaching out to all groups.

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. Employers need to be sure that when making employment decisions, these protected characteristics do not come into play. By following the guidelines outlined above, you will communicate to your employees that discrimination is unacceptable and that you are committed to providing equal opportunities to all your employees.