Employment practices liability continues to be a risk management headache. As the economy contracts, employees who do not find new employment promptly may be more likely to file employment actions.The first step in managing employment exposures is consistency. As much as possible, treat employees the same according to your policies. Inconsistency can look like discrimination, according to Steven Leach, an employment attorney with Jones, Skelton, & Hochuli, PLC, in
- A zero-tolerance statement against harassment. Warn that harassment will lead to sanctions up to and including termination.
- A clear explanation of the prohibited conduct, including harassment based on race, color, origin, religion, age, disability or sexual orientation.
- A complaint process.
- A warning that frivolous claims result in disciplinary action.
- A statement of anti-retaliation.
- Statement of confidentiality, when possible, although not guaranteed.