Preventing Discrimination in Employment

As Employment Discrimination Claims Become more Common and Damage Awards against Employers Climb, Shrewd Companies are Minimizing Risk through Policy Reviews, Discrimination Training, and Carefully Planned Personnel Decisions

The cases arise regularly. $5 million to a chef harassed by his supervisor. $2.1 million to a long-term worker fired after suffering a heart attack. $437,500 to a harassment victim who engaged in the same sexual banter she later complained about. In Massachusetts, more than 3,000 new discrimination cases are filed at the Commission Against Discrimination each year, and the vast majority relate to employment. Countless millions are paid each year by employers to defend lawsuits and pay judgments or settlements based on alleged discrimination in the workplace.

Given the risks, which include hefty legal defense bills even in cases employers win, shrewd companies take advance steps to prevent discrimination and put in place plans to deal with it aggressively when it does occur. Efforts take various forms, though one theme is common to all: instill in workers a general awareness of discrimination issues so that problems can be dealt with before they reach a courtroom. Achieving this objective often involves individually tailored training sessions for managers and employees, regular reviews of discrimination and anti-harassment policies and programs, careful planning of personnel actions, and establishing a strong investigative policy for addressing discrimination complaints internally.

Though setting up an effective discrimination prevention program may seem daunting, it can in fact be managed with relative ease. Efforts should focus on getting out the messages that an employer will not tolerate discrimination of any sort, will actively seek to eliminate it, and will quickly and effectively deal with any transgression of company rules. Several steps can be taken to help companies create a discrimination-free work environment.

Review All Employment Policies

Perhaps the easiest first step toward discrimination prevention is to undertake a thorough review of existing manuals and other policies. Massachusetts law requires that employers have an effective anti-harassment policy, and having one can be a complete defense to suits brought in federal court. Similarly, strong anti-discrimination policies can help reduce damage awards. Employers should be sure that all policies, whether discrimination-related or not, comply with state and federal laws.

Conduct Discrimination Training

The unfortunate reality for employers is that most managers and employees possess little understanding of discrimination and harassment laws. Training sessions for managers and other employees can be helpful. Not only will training instill anti-discrimination principles and offer tools for dealing with issues at early stages, it may offer a defense to damages arguments when suits do arise. To the extent an employer can point to effective training sessions, it may reduce its exposure by helping establish that it did all it could to avoid problems from arising.

Plan Personnel Decisions Well

Perhaps the most common starting point for discrimination problems is a poorly planned or executed personnel decision. Employers should carefully analyze facts and circumstances before firing workers or making other adverse job decisions where the specter of discrimination exists. Applicable laws should be reviewed for compliance, and documentation should be carefully crafted with litigation defense in mind. Wherever potential problems lurk, counsel should be consulted in cases where any doubt as to proper legal conduct exists.

By Attorney Jack K. Merrill - Framingham, MA Employment Lawyer

Attorney Jack K. Merrill is a Massachusetts employment lawyer and specializes in employment law and civil litigation. He counsels small businesses and individuals on discrimination cases and other employment related legal matters. 

With law offices in Framingham, Massachusetts and Milford, Massachsuetts, our employment law lawyers provide legal services to individuals and businesses throughout the Boston metro west and Worcester county region including Ashland, Dedham, Framingham, Franklin, Hopkinton, Maynard, Marlborough, Milford, Natick, Needham, Newton, Shrewsbury, Sudbury, Waltham, and Worcester, Massachusetts.