Companies can be subject to lawsuits if they fail to respect the Civil Rights of employees or if they violate any laws protecting workers. Employers can protect themselves by having certain policies in place to ensure that discrimination or other illegal activities do not lead to a worker lawsuit.
A San Diego, CA employment law attorney at Sepahi Law Group, APC can help employers to develop and write policies to prevent lawsuits. Call today to learn more about how we can assist your business with protecting itself from litigation and ensuring you form the most effective employment relationships.
Anti-Discrimination Policies Can Help Employers Prevent Lawsuits
Anti-discrimination policies can help employers prevent lawsuits. Obviously, employers should have policies in place that prohibit their human resources departments or managers from discriminating on the basis of race, religion, national origin, gender, age or disability status. However, employers need to go beyond simply saying that hiring, firing and promotion decisions must be made without considering someone’s protected status.
Employers can also be liable in situations where other workers create a hostile environment. For example, if a woman worker is routinely teased about her femininity or subject to inappropriate sexual jokes made by her peers, this can create a hostile work environment. The company could be responsible for this hostile environment discrimination unless it has policies in place both prohibiting this type of offensive behavior and making it possible for victims to come forward and report problems.
Employers need to have a mechanism in place in which people who are subject to discrimination can report the problem through different channels. It is essential to ensure that no one would ever have to report the harassment to a person who is participating in the abusive behavior. The company also must respond promptly to complaints to avoid litigation.
Discrimination can also take the form of disparate impact discrimination. Essentially, this means if a test or job qualification has the effect of disqualifying a minority or a protected group, it can be considered discriminatory even if it was not necessarily intended to be illegal discrimination. Employers can defend against a charge of disparate impact discrimination by ensuring they only impose qualifying requirements that are fair and neutral to all potential applicants and that have a bona fide connection to the job.
Other Policies Can Help Employers Prevent Lawsuits
In addition to anti-discrimination policies, employers should also put other policies in place to prevent lawsuits. Employers could be sued by workers for failure to pay wages as required; for paying wages late; for not correctly classifying workers as employees versus independent contractors; or for violating any wage-and-hour laws.
Employers should have clear policies in place for when and how a worker is paid; for when an employee is on-the-clock; and for how employee terminations and final paychecks are handled.
This is just the tip of the iceberg in terms of the types of policies that can help employers prevent lawsuits. The San Diego, CA employment law attorneys at Sepahi Law Group can help your business to create policies that can reduce the chances of litigation. Call 866-350-1000 or contact us online today to schedule a free consultation and learn more about how we help protect your business.