Avoid Costly Employee Lawsuits with Seven Simple Strategies
Provide Annual Discrimination and Harassment Training for Supervisors and Managers
Ensure your leadership team receives comprehensive training every year. Effective training should:
Reflect Your Organization’s Culture: Tailor content to address your company’s unique culture, workforce demographics, and industry-specific scenarios that could be considered discriminatory. Avoid generic training, as it’s often quickly forgotten and may not resonate with your team.
Cover All Forms of Discrimination: Go beyond racial and sexual harassment to include every type of discriminatory conduct.
Include Invisible Protected Characteristics: Address less visible traits such as mental health disabilities and religious beliefs, ensuring these are recognized and respected.
Highlight Subtle or Well-Intentioned Actions: Educate supervisors on how even seemingly harmless or well-meant actions—like changing an employee’s duties during cancer treatment—can lead to discrimination claims.
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2. Distribute a Comprehensive Harassment Reporting Procedure
Make sure every employee has easy access to your harassment reporting process. The procedure should cover complaints against all staff, including executives and HR, and be clearly communicated to everyone. Avoid rolling out policies that are hard to find or incomplete.
3. Use Objective Criteria in Performance Evaluations
Replace vague criteria like “shows good judgment” or “acts professionally” with specific, measurable standards such as “compliance with internal policies and procedures.” Objective evaluations help minimize unconscious bias and ensure fair assessments for all employees. In the long run, this helps employers retain their most productive employees because they feel seen and appreciated.
4. Keep Your Employee Handbook Current and Relevant
Regularly review and update your employee handbook to ensure it reflects your company’s operations and complies with current laws. Avoid using generic or outdated handbooks, as they may contain confusing or unlawful policies. Make sure all policies are clear, comprehensive, and tailored to your company, industry and desired corporate culture.
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5. Review Job Descriptions and Help Wanted Ads for Accuracy
Ensure all job postings and descriptions include both physical and mental requirements relevant to the role. Consider every aspect of the job, such as the ability to concentrate in a noisy environment, or deal with argumentative customers, and clearly state these requirements to avoid misunderstandings and avoidable claims when requests for accommodations are denied.
6. Be Clear and Consistent when Applying Discipline
Employee lawsuits often cite disparities in discipline as a basis for discrimination. If certain conduct will always result in serious discipline such as termination or demotion, clearly identify it in your employee handbook. If you have managers who fire employees because they’re having a bad day or because they lost their tempers, create a third party approval process, such as involving HR in any serious disciplinary action taken.
7. Draft Comprehensive Termination Letters
If you fire an employee, you need to communicate every reason for their termination. This serves three purposes:
It forces you to revisit the terminable offence to ensure that you have all the evidence you need to support their termination before you terminate. This includes witness statements, copies of incriminating emails, preserved video footage, and anything else relevant. This way, you are not left scrambling for relevant documents when you need them.
It clearly communicates to the employee all the reasons why they’re being terminated. If you are terminating them for three separate reasons, it’s a lot harder for them to show a similarly situated peer who was treated more favorably.
Use your letter to communicate to a contingency-based plaintiff’s attorney that you had sound reasons for the disciplinary action—in other words, communicate that it is not worth the time to pursue a claim against you for it.
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