Encouraging Workplace Diversity and Avoiding Discrimination
Smart employers work hard to encourage diversity, not only to help avoid legal charges of discrimination, but also to take advantage of every employee's creativity, ideas, sense of teamwork and commitment to company success.
Employees are protected from discrimination by a number of laws, including:
- Civil Rights Act
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Equal Pay Act
- Rehabilitation Act
- And others
These laws are intended to protect employees from discrimination based on race, national origin, religion, color, sex, age, disability and pregnancy. In addition, almost half of the states, including Nevada, have laws that prohibit sexual orientation discrimination in private employment. Some states, including Nevada, also specifically prohibit discrimination based on gender identity.
What areas of employment are covered? Discrimination laws cover practices related to hiring, promotion, job assignment, termination, and compensation, just to name a few.
Note: Discrimination laws are very specific, but also let employers maintain some amount of latitude. For example, the Americans with Disabilities Act (ADA) requires an employer to make "reasonable accommodations" for an employee with a protected disability. At the same time, it specifies that the accommodation cannot create a financial hardship to the employer. As you can guess, interpreting these two aspects of the ADA can leave a lot of room for confusion. If at any time you are unsure or unclear about your responsibilities and your rights as an employer, consult with an experienced employment law attorney and the Equal Employment Opportunity Commission (EEOC).
So where are you, as an employer, most vulnerable to discrimination or harassment charges? Here are a few of the most common possibilities:
- Hiring, promotions, disciplinary actions, and termination. Keeping detailed records, consistently following your internal processes, and making sure all employees – and prospective employees – are treated fairly and equally will support your business. If you follow these procedures, and if you keep accurate records of important and pertinent employee communication, you'll be less vulnerable to unwanted charges.
- Less obvious forms of discrimination. Discrimination based on race or national origin is easy to spot; it can be more difficult to spot discrimination based on age or religious affiliation. As an owner or manager, your job is to help ensure that discrimination in any form is not tolerated.
- Small companies without an established human resources department. A human resources department or position can not only serve as a "watchdog" for discriminatory practices, but can also help train employees on how to support diversity. If you run a small business without the luxury of a human resources function, you'll need to be extra vigilant.
- Satellite locations. Discrimination or harassment is more likely to occur when a small group of employees is assigned to and works at a remote location, because management oversight and presence may be limited.
- Treating diversity as a legal requirement only. Promoting anti-discrimination practices simply “because they're the law" may help create a discriminatory environment. Work hard to promote diversity as a practice that benefits the company and all its employees.
How can you help avoid discrimination and promote diversity in the workplace? Here are some simple techniques and practices that can support your business:
- Treat all employees equally. Act in a fair and consistent manner. Create policies that promote fairness and equality, and follow those policies.
- Maintain accurate and complete records. Keep well-organized files documenting employee evaluations, disciplinary actions, performance issues, and substantive, performance-related conversations held with employees.
- Provide different ways for employees to make a complaint. Make it easy for employees to speak up when they feel discriminated against or harassed.
- Discourage workplace discussion in regard to race, religion, age, gender, disability, sexual orientation, or marital status. If your employees need counseling in this area, do it immediately.
- Create a diverse workforce. Hire based on skills, experience, and fitness for position. Make sure your hiring practices clearly define the qualifications a prospective employee must meet.
- Set a great example. Ensure you hold all workers to the same standards. And expect others to do the same.
If you do receive a complaint from an employee:
- Conduct all investigations promptly and thoroughly. Then, make sure you follow up after the issue is resolved to ensure that the employee not only understands the outcome, but also that the employee does not feel that he or she has been retaliated against.
- Document the results of all complaints and investigations. Note corrective actions taken. Follow up on those actions and monitor the situation closely.
- Consult an attorney if necessary. It might be painful to pay attorneys’ fees when you suspect that a situation may escalate into a lawsuit. However, it can end up saving you a lot of time and aggravation in the long run by helping you stay out of trouble and out of court.
The information provided is presented for general informational purposes only and does not constitute tax, legal or business advice. Any views expressed in this article may not necessarily be those of Nevada State Bank, a division of ZB, N.A.