In 2010, where jobs are scarce, the number of discrimination claims have almost doubled. In better economic times, when an employee lost a job, they just tip-toed across the street and got another one. Now, when an employee is terminated, passed over for a promotion, or personally offended, they just might take their chances with the EEOC, DFEH and ultimately perhaps Superior Court. Some employers allow their (often untrained) managers and supervisors too much discretion when it comes to critical employment policy matters. While this may make managers feel empowered and contribute to their professional development, it potentially increases employers’ risk of having their employment practices challenged on the basis of unlawful discrimination and wrongful termination unless the managers and supervisors have been trained to seek assistance and understand the organization’ s policies and past practices as well as the law.
There are many things employers can do to protect themselves and minimize their exposure to claims of discrimination.
1. Have an “Open Door” Policy. Encourage employees to come to management with any concerns they may have. Allow them the opportunity to discuss their feelings in a safe environment, free of threat of retaliation. Show employees that their concerns are taken seriously and you value their opinions. This creates a loyal, productive work force and reduces the risk of employees seeking resolution with an outside governmental agency like the EEOC, Labor Commissioner or DFEH. TPO provides such a policy for handbooks.
2. Ensure managers are well-trained. Train managers on Harassment Prevention and the fundamentals of effective leadership, making sure they have a basic understanding of state and federal employment laws. It is essential that they understand their level of authority, the implications of the decisions they make and how they might affect the organization as a whole. When tracking performance, ensure that managers are specific in their notations and document areas of opportunity as well as success. TPO provides prevention of Harassment and Discrimination in the Workplace training as one of our many programs.
3. Create policies that are consistently enforced and viewed as fair. It is ethical to create promotional and disciplinary policies that support the organizational goals. Communicating performance and behavioral standards ensures all involved understand those expectations and minimizes confusion. Have a structured Problem Solving policy to proactively facilitate resolution of any employee concerns that arise. TPO incorporates policies and tools to assist managers in our handbooks and HR Administration Kit.
4. Consult a Human Resources Expert or Employment Law Attorney. Human Resource Professionals and Employment Law Attorneys are knowledgeable about State and Federal employment laws and previous court decisions associated with them. Human Resources Professionals are also skilled in the interpersonal intricacies of the workplace. Having a solid HR Business Partner can benefit an organization in more ways than one. Members can call TPO free for such support and clients can call for a reasonable hourly rate for assistance with any issue whether compliance or interpersonal.
Decisions based on discretion, which may be perceived as discrimination can be costly to defend. Whether an employer is ordered to pay thousands of dollars or not, the time, energy and expense of defending such a claim is often underestimated. An organization would be smart to ensure that their practices are consistent and legally compliant to support employment decisions when or if they are challenged. Give us a call for more information about TPO’s proven strategies to to assist your organization in mitigating risk.
TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our web site www.tpohr.com.
Contents © 2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.
No comments:
Post a Comment