Establish 'Good Faith' Efforts to Avoid Discrimination

08/19/08

Recent court rulings have made it clear that employers who make “good faith” efforts
to eliminate workplace discrimination can, in some cases, avoid punitive-damage
awards.

But as employment attorney Martha Tomas-Flynn points out, “courts and federal
regulations do not say exactly what constitutes a good-faith effort.”

Tomas-Flynn recommends taking the following minimal actions to help avoid
discrimination in the workplace-and avoid punitive-damage awards in court.

Have your attorney draft a clear anti-discrimination policy. “It should say,” says
Tomas-Flynn, “that your organization is committed to ensuring equal opportunity for
all people, regardless of age, race, color, religion, sex, national origin, disability and,
depending on local law, sexual orientation. State that you will not tolerate
discrimination in these areas, and outline a procedure for making, investigating, and resolving complaints.”

Communicate the policy. Do this via your handbook, postings, applications, and other
employee-oriented literature.

Train managers to identify discrimination and adhere to the policy. Especially when
hiring and making promotion or disciplinary decisions.

Review existing policies and procedures. Ensure they comply with anti-discrimination
laws.

Review employment decisions, general workplace conditions, and procedures
regularly. “Ongoing monitoring is the best way to avoid problems,” says Tomas-Flynn.