Navigating Workplace Discrimination Claims: Tips for Employers and Employees
How do you win a discrimination claim?
In order to win your employment discrimination case, you need to prove that you’ve been treated differently from other employees. Inequal treatment could be in the form of adverse employment action, for example, termination, demotion, reduction of a salary or transfer to an unfavorable location.
Navigating Workplace Discrimination Claims: Tips for Employers and Employees
Discrimination in the workplace can be an emotionally charged and legally complex issue for both employers and employees. As employee rights and workplace cultures evolve, it’s increasingly important for employers and employees to understand their rights and responsibilities when dealing with discrimination claims.
For employers, the most important advice is to create a workplace culture of inclusivity and respect. Federal and state laws dictate many aspects of discrimination, but employers can influence workplace behavior even more with strong guidelines for workplace conduct and behavior. When employers establish rules around mutual respect and further help employees understand the laws related to discrimination, they create an environment where discrimination is less likely to happen.
When an employee feels they have been discriminated against, they should first report it to their immediate supervisor or human resources department. Filing an internal complaint gives the company the opportunity to investigate the situation and attempt to resolve the claim before an employee is forced to take the issue to a federal or state agency.
When employers receive a complaint, the first step should be to investigate the issue to the best of their ability. Employers should document any conversations or interviews in writing, and should separate complaining employees from those accused of discrimination. Employers should also create a working environment that is fair and balanced for all employees involved in the complaint.
Employees should remember that the process of filing a discrimination complaint can take several months or even years, and that the outcome may be uncertain. Employees should document everything, whether it be emails, conversations or otherwise, and should report any new incidents of discrimination as they happen.
No matter how much employers and employees do to prevent it, workplace discrimination can happen. Employers and employees should use these tips to protect themselves from and be able to respond to discrimination. The best way to successfully navigate discrimination claims is to be proactive and follow the law.
