5 Management Tips to Avoid Discrimination

As a manager, you have hopefully completed Harassment and Discrimination Prevention Training, and you know that not only is discrimination in the workplace illegal, but it also creates a toxic, unproductive work culture. Creating an inclusive work culture requires a commitment to fairness and equity. To prevent discrimination in the workplace, here are 5 tips all managers should follow:

1. Be Fair and Consistent

Managers must treat all employees equitably, applying policies and practices consistently. Treat all employees with respect and impartiality, regardless of their age, gender, race, religion, or other protected characteristics.

Make sure you apply rules, expectations, and performance standards equally to every employee. Define clear eligibility reasons for company benefits and rewards and apply them consistently throughout the organization. Consistency and fairness in your actions builds a culture of trust and prevents perceptions of favoritism.

2. Make Performance-Based Decisions

All employment decisions, from hiring to termination, should be based on objective performance metrics. Relying on subjective criteria can introduce unconscious bias, and lead to discriminatory decision making, whether intentional or unintentional.

Avoid making assumptions or stereotypes about employees. Instead, focus on measurable results and work-related behaviors. By prioritizing performance, you reduce the risk of discrimination claims and create a fair workplace where everyone has an equal opportunity to succeed.

3. Have a Legitimate Business Reason

Any decision that impacts employees such as disciplinary action, termination of employment, and even promotions, should be justified by clear and legitimate business reasons. These reasons should be documented and defensible. For example, if you need to reduce headcount, make your selection criteria based on business needs such as reducing costs, shutting down a specific location, or eliminating job redundancy - not on age, family status, gender, or other non-job-related reason.

Even if you are an At-Will employer, making termination decisions without a justifiable business reason puts the company at risk for a potential discrimination claim.

4. Document Everything, Good and Bad

Keeping good performance notes should be a practice that managers at all levels should adopt and commit to. Keep notes on both positive and negative performance, as well as any disciplinary actions taken, and any verbal coaching you have provided. This documentation can serve as evidence of fair, performance-based treatment and can help mitigate potential legal risks.

Be factual, and objective in your documentation. Cite specific examples of performance issues and get in the habit of dating your notes so you can show how long you have been trying to coach your employee on their job performance.

By maintaining thorough documentation, you can demonstrate that your decisions are based on performance and not discriminatory motives.

5. Involve HR Early

Involving HR early in performance issues and involuntary terminations can help protect you and your organization. A good HR partner can provide guidance on how to create fair and inclusive work practices, how to avoid legal missteps when it comes to employment decisions, and they can help develop a specific plan to manage performance issues when they arise. 

Remember, fair and consistent management practices and making performance-based employment decisions are not only key when it comes to avoiding discrimination in the workplace, but it also helps create a more positive, transparent, and inclusive workplace.

Disclaimer: This blog post is intended to provide general information and does not constitute legal advice. It is essential to consult with legal counsel for specific guidance on employment law.

If you would like assistance with your policies and procedures, Countsy’s team of HR professionals is ready to help. Contact us today.