An Ounce of Prevention – Small Steps to Avoid Big Problems

Every year thousands of complaints are filed against employers by current, former and prospective employees (applicants) alleging discrimination.  In turn, employers spend thousands of dollars (if they’re lucky) responding to and defending these claims.  How can you avoid these expenses?  By avoiding these claims.  A little background:

The EEOC sued a Burger King franchisee in 1998 on behalf of a group of female employees who alleged sexual harassment.  The case has been pending for 14 years and is one of the EEOC’s most extensive sexual harassment cases ever.

While not admitting liability or any wrongdoing, Burger King recently decided to settle this matter for $2.5 million (!) because, according to company executives, the settlement would cost less than continuing this litigation.  "It has cost the company an enormous amount of money to defend itself up to this point … It would have cost many more millions of dollars in legal fees. "

Remember those New Year’s resolutions you made for your workplace (if you still haven’t made any, see my previous blog post)? This is another good reason to implement them.  Although you can't predict if you’ll be sued, who will file the complaint or when, you do have control over your exposure and can take steps to minimize the likelihood of a complaint and minimize your risks.  Even if you get sued, you can minimize the damages by taking preventive action.  Also, by taking action, your work environment will likely be more positive and productive.  Here’s how you can start:

• update your employee handbook and your employment policies;
• communicate workplace policies and expectations of workplace conduct consistently; 
• conduct regular training for your managers and employees on EEO  and anti-discrimination policies; and 
• document all disciplinary infractions and performance issues.

Remember, an ounce of prevention. . . 

If you have any questions or would like guidance in this area, contact me or visit my website.