A Small Business Owner's Blueprint to Building a Fortress of Fairness – Part II

As we discussed in Part I of this blog post series, I’ve guided countless leaders through discrimination issues and have seen how one misstep can devastate an organization. I've also seen how effective practices can transform a workplace into a fortress of fairness.

In part two of this blog post series, we will discuss the red flags to look for in your business that can possibly lead to discrimination, and we share CPR’s proprietary seven-point discrimination protection plan for implementing a workplace of fairness.

Red Flags That Signal Vulnerability

There are specific things you currently do that can put your company at risk to employment discrimination. If you are currently engaged in any of the following, work with CPR for a plan to mitigate your risk immediately! Be on the lookout for the following discrimination warning signs:

* Informal recruiting and hiring practices

* Inconsistent disciplinary actions

* Pattern of similar employee complaints

* Disgruntled employees

* Resistance to employee requests for medical, religious, or pregnancy accommodations

* Inappropriate workplace "jokes"

* Lack of documentation regarding employee decisions (promotions, terminations, pay changes, etc.)

Your Seven-Point Discrimination Protection Plan

We will provide our proprietary seven-point discrimination protection plan that provides practical ways to make your small business workplace a haven of equality. Here's your comprehensive blueprint for protection and prevention.

1.Hire Smart, Hire Fair

A consistent hiring process lessens your risk of discrimination. Here are some ways to help your small business remain fair:

* Remove potentially discriminatory language from job postings such as “seeking a recent graduate.”

* Remove names, addresses, and other identifying information from resumes and applications to focus solely on qualifications. Almost one-fifth of job seekers try to protect themselves against discriminatory hiring practices by changing their names on applications to sound ‘less ethnic,’ younger, or of the opposite gender.

* Standardize interview questions ensuring all candidates are evaluated on the same criteria.

* Do not ask candidates illegal questions during interviews. Over one-third of job seekers  have experienced discriminatory interview questions, with the most common questions focused on age, race, and gender.

* Train hiring managers on how unconscious bias affects their decision-making and perceptions during the hiring process.

* Document hiring decisions with objective criteria based on the candidate’s knowledge, skills, and experience.

* Refrain from using pre-employment assessments to single-handedly disqualify candidates.

2. Create Clear Anti-Discrimination Policies

An anti-discrimination policy sets the foundation for what you tolerate and what type of culture your small business strives for. Your policy should include the following:

* A statement indicating a zero tolerance for discrimination in recruiting, hiring, compensation, promotions, selection for training, and any other employment action.

* A listing of protected characteristics under federal and applicable state law.

* An easy reporting procedure for employees to report concerns without fear of retaliation.

* A statement indicating you commit to no retaliation.

* Review and update your anti-discrimination policy regularly to reflect changes in laws and best practices.

 3. Train for Success

Training demonstrates an effort to get everyone at your company on the same page with acceptable practices and helps create a culture of mutual understanding. Make training:

* Mandatory for all employees at all levels at a regular frequency.

* Interactive and engaging so that employees will more likely take it.

* Specific to your industry and include real-world, relevant scenarios.

* Cover unconscious bias by helping employees recognize and overcome hidden prejudices.

 4. Document Everything

The best adage here is, “If it’s not documented, it didn’t happen.” I work with leaders who find documenting so difficult but without it, you’ll never see victory in an employment discrimination lawsuit. Maintain records of:

* All employee complaints and the resolutions.

* Work and training attendance records.

* Policy acknowledgments demonstrating proof of employee understanding.

* Accommodation requests and the resolutions.

* Annual performance reviews and their overall ratings.

* Promotion decisions including the justification.

* Disciplinary actions taken in response to employee issues.

* Promote Fairly

• Set clear criteria for advancement: Base promotions on measurable performance metrics.

• Offer equal opportunities: Ensure all employees have access to development and training programs.

• Monitor patterns: Regularly review promotion data to spot any unintended biases.

 5. Foster an Inclusive Environment

An inclusive environment is a workplace that makes employees feel included, no matter their background or personal characteristics. To foster an inclusive environment, focus on:  

* Establishing medical and religious accommodation procedures such as flexible work arrangements, schedules, and dress codes.

* Offering equal access to all employees for promotion and development opportunities.

* Recognizing a variety of cultural holidays and events to celebrate diversity.

* Using inclusive language by avoiding gendered terms or cultural stereotypes.

* Being mindful of jokes because what's funny to one person might be offensive to another.

* Encouraging and demonstrating respectful communication to set the tone for how employees should interact with each other.

* Walking the talk because your behavior sets the standard for the entire company.

* Creating an environment where employees feel safe pointing out potential issues.

* Addressing issues promptly and not allowing discriminatory behavior to slide, no matter who's involved.

6. Respect Confidentiality

Information that you divulge to the employee workforce can come back to bite you. It’s critical that you and any manager in your company maintain confidentiality about employees. To maintain confidentiality:

* Do not share complaints and the details of complaints with anyone.

* Keep employee health information confidential and securely store separately from the employee’s personnel file.

* Don't make decisions based on genetic information such as a family medical history or current health conditions.

* Keep all pay information confidential, except for your payroll, HR and management teams.

* Do not share reasons why an employee accommodation is in place.

7. Respond Quickly

Having a rock-solid response to claims of harassment, discrimination or bullying will save your business a lot of time and money. Here’s how you respond to alleged discrimination:

* Act as quickly as possible. The act can be simply confirming that you have received the complaint and providing an estimated timeline on when the complainant should hear back from you.

* Ask for a written statement from the complainant describing the allegation in as much detail as possible.

* Protect the complainant by maintaining their confidentiality throughout the process as much as possible.

* Launch a thorough investigation within 48 hours of receiving the complaint by scheduling interviews with any witnesses and the complainant.

* Take appropriate corrective action once all facts have been gathered and you have conferred with a neutral third party like CPR.

CPR’s 7-Point Discrimination Protection Plan

Conclusion

Building a discrimination-free workplace isn't just about legal compliance—it's about creating an environment where every employee can contribute their best work. A work environment built on fairness, you're creating a workplace where every employee can thrive and take great care of your customers. Start implementing these strategies today and transform your workplace into a fortress of fairness that protects your business and your people.

Need help implementing these strategies? CPR specializes in building discrimination-proof workplaces for small businesses. Contact us for a free initial consultation.

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.