Employers have a right to hire, promote, transfer, evaluate, discipline, layoff and terminate. Employers do not have the right to discriminate, harass, retaliate, or terminate wrongfully. So how can you operate your business effectively while still complying with the law? How do you ensure that you are maintaining an environment which treats people fairly?

To begin, you need to understand the law and what you are required to do under the law. As an employer, you hear a lot about discrimination and discrimination lawsuits. So what is discrimination? In its simplest terms, it is treating a group of individuals differently. You cannot refuse to hire, promote, train, provide pay and benefits, or discharge simply because an individual belongs to certain group or protected classes. In other words, everyone must be treated the same.

So what are these protected classes? Frankly, nearly all employees fall into one of the categories protected under either federal or state law. Employers are forbidden from making employment related decisions based upon:

race

color

sex

national origin or ancestry

religion

veteran status

age (over 40)

race

sexual orientation

pregnancy

handicap or disability

So as an employer what kind of actions might get me into trouble? To begin, the law does not prevent an employer from conducting their normal business. There is no law which bars an employer from hiring, promoting, disciplining, transferring or even terminating any employee he or she chooses. What the law does do is to prevent employers from making these decisions in a discriminatory manner.

While there are no hard and fast rules, it is important to be aware of potential areas of discrimination in your employment related function. So let's look at some of the ways to avoid potential claims of discrimination:

Recruitment and Hiring

When advertising for a job, do not state any preferences based on race, color, age, religion, marital status, sex, sexual orientation physical or mental condition.

Make sure your ads do not state a preference for young applicants or exclude people because of their years of experience.

State that your Company is an "Equal Opportunity Employer" in all your recruitment advertisements.

Make sure that your hiring criteria does not place a limitation on an applicant because they are a member of a protected class.

Train all managers and supervisors in interviewing and selection to avoid charges of discrimination.

Have an up-to-date job description.

Develop a list of standard interview questions that will be asked of all applicants.

Only ask questions where there is a need to know.

Make your hiring decision based on education, experience, work history, and job fit.

Check references on all candidates prior to making a hire decision.

Job Assignments, Transferring, Promoting and Evaluating Performance

Focus on qualifications, experience, and length of service.

Conduct objective performance appraisals.

Document performance (good and bad).

Develop a job posting system.

When determining job assignments, transfers, and promotions, do not factor in age, sex, handicap/disability, race/ethnic origin, religion or sexual orientation.

Train all managers and supervisors in proper evaluation of performance.

Discipline and Termination

Document all performance related issues.

Conduct objective performance appraisals.

Develop and follow written rules of conduct.

Inform all employees of the rules.

Develop written disciplinary/performance improvement procedures.

Place all warnings and discharge notices in the employee's personnel file.

Discharge for performance related issues and discharge only after following your written procedures.

Limit the authority to discharge to key managers only.

When terminating, do not factor in age, sex, handicap/disability, race/ethnic origin, religion or sexual orientation.

Discrimination is against the law and employers should establish clear policies and work practices to prevent it. If you treat your employees and applicants fairly and with respect, you can significantly reduce the potential of discrimination claims.

This article is for informational purposes only and does not constitute legal advice.