Discrimination Prevention Checklist

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Discrimination, whether it is for race, religion, national origin, gender, or marital status, is covered by federal law, state law, and company policy. Key activities most vulnerable to charges of discrimination are hiring, promotion and performance review, and dismissal. You should be aware of the gross forms of discrimination, the reasons they are prohibited, and the legal liabilities they pose to an employer.

To avoid discrimination in supervisory tasks, do you…

• Identify "essential functions" of each job and describe them in objective language?
• Focus on an individual's performance of essential duties when making any employment decisions?
• Know and follow company policy and the law?
• Proceed with special caution when making an employment decision affecting a member of a protected class?
• Make sure that any performance problems have been well documented?
• Be able to prove that a layoff or transfer was based on "business necessity"?
• Not make placement decisions based on appearance, such as being overweight, short, or bald, or personal habits, such as smoking?
• Treat older workers in a nondiscriminatory way?
• Not base employment decisions on past, present, or future active or reserve military service?

To prevent discrimination in the workplace, do you…

• Take all complaints of discrimination seriously?
• Appoint a special person to handle and investigate all complaints of discrimination?
• Use exit interviews to ask former employees if they found the workplace nondiscriminatory or where any problems existed?
• Monitor the workplace for discriminatory posters, cartoons, joking, references, E-mail, banter, or customs?
• Ask employees for any suggestions they may have about preventing discrimination?
• Emphasize to all employees that discrimination is everyone's concern?

To accommodate protected classes, do you…

• Arrange for coverage of jobs, if necessary, during religious holidays?
• Not require employees to speak English unless it is a business necessity?
• Treat pregnancy like any other temporary disability in terms of job rights and benefits?

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