Prevent Lawsuits About Employment Discrimination
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Business always loses employment discrimination lawsuits.
Consequently, the counter steps have to be taken. Creating a healthy Workplace culture and positive environment for your workforce that will encourage diversity and keep your staff happy, which will help you avoiding employment discrimination and the headache and lost on money that is involved in lawsuits.
Managers need to establish and publish clear guidelines for the prevention of discrimination in the workplace. Do not delay your action until you have a complaint and a lawsuit. It does not take complicated steps; taking the measures on time will save you years of suffering and losing time and money.
Looking at the problem by reviewing the statistics of the lawsuits related to employment discrimination. The US Equal Employment Opportunity Commission (EEOC) Statistics Show us that the year 2010 had the highest number of charges in the last 45 years.
The EEOC employment discrimination statistics show us that the last three years has a trend of increasing filing charges and suits.
The employment discrimination statistics for 2010:
Retaliation (36,258 charges)
Retaliation cases with the EEOC raised from 22,690 charges in 2003 to 32,690 in 2008.
Race (35,890 charges).
New records were registered for sex, religion, origin, and disability that got a 20% raise due to the 2008 Disabilities Act Amendments Act (ADAAA).
The Genetic Information Nondiscrimination Act (GINA). The first case was brought in front of the EEOC
The EECC was handling near 31,000 charges of unlawful harassment, 11,717 were sexual harassment. The rest were on race national origin and religion.
We can see also that $404,000,000 were paid in benefit of individuals.
The cost of resolving a complain is not only the settlement; handling a case will distract staff from work.
These include the costs of:
You will need to assign staff for long time investigation and document gathering, some internal investigation and lawyers to fight the claim.
The morale in your workplace will be affected negatively under the pressure of a lawsuit.
Your recruiting may suffer the loss of reputation and retaining of your old staff may be more difficult. Those problems may occur whether you won or lost the case.
Attorney’s fees will cost you even more than what you will pay for damages to your employee.
It is hard to know what will be the cost of a claim on employees discrimination case. Some experts say it may be a $250,000 for the defense cost and about $ 200,000 the jury verdict. Others say it may be up to $900,000 or an average of $500,000.
There are some resources to use before paying the high cost of litigation a case of employment discrimination in court.
Before making an escalating conflict with an employee on any discrimination take control of the complaint once your employee complains inside the workplace. The employee should first approach the employer.
This is the opportunity to investigate the alleged discrimination and get the resource in the way the normal complain process.
When one of your employees is not satisfied with the way the employer addressed the claim, or the problem is still harassing the employee, a file with the EEOC is the option to go.
Experts say that of the 95,402 charges filed last year with the EEOC, only 325 became lawsuits.
Quotes from EEOC
“Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties work out their own solutions to problems.
Note: Federal agencies are required to have an alternative dispute resolution program. Most use mediation, but not necessarily the EEOC process.”
Benefits of Mediation
“One of the greatest benefits of mediation is that it allows people to resolve the charge in a friendly way and in ways that meet their own unique needs. Also, a charge can be resolved faster through mediation. While it takes less than 3 months on average to resolve a charge through mediation, it can take 10 months or longer for a charge to be investigated. Mediation is fair, efficient and can help the parties avoid a lengthy investigation and litigation.”
Going to courts with a lawsuit will be costly to both sides, having the EEOC issued “right to Sue” the employee will have to invest significant resources in lawyers.
The lawyers are often paid by a portion of the settlement compensation or the Jury award. It is expected that a lawyer will take to courts only a case that can be won in courts.
Employers who take strong measures to prevent employee discrimination, harassment and retaliation could avoid being charged and taken to courts.
The employer that took care of the mater by taking preventive measures and can show it in courts or to the EEOC can save important damages.
The best advice for an employer is to prevent any discrimination in his or her workplace by creating a workplace culture that will discourage acts that may prejudice employees by harassment retaliation or discrimination. The following action is commandeered.
Plan, implement and integrate a policy that will prevent any type of employment discrimination in your workplace.
Your plan has to take care of reporting any employment discrimination, harassment, and retaliation.
Employees should have several methods for reporting when there is an incident, and the supervisor is involved in it.
You can not miss communicating how an employee complaint will be handled in details and steps. Putting rules must have disciplinary consequences to the offenders.
The policy has to cover the nature of retaliation and the stress caused by discrimination. An appeal option must be open for the employees if they are not satisfied with the results of their complaint
Managers have to be trained in the implementation of your prevention policy
Your managers will have to take care that the work environment and culture will make the workforce conscientious about the rules that are the protection of your employees from any negative action.
Train your manager to recognize signs and symptoms of problematic behavior between managers and workers and between the employees themselves.
Effective training will teach you, managers and employees, to detect any suspicious behavior and control it before there is already a complicated case. Creating a friendly environment is essential for preventing illegal behavior and later lawsuits and losses.
Your response to any case of discrimination must be on time and professional confidential and stick to your policy.
Take care of discrimination of all type by prevention and swift reaction when there is any complain. Do not let the thing go from bad to worst. Do not let things go far into lawsuits.
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