You spend a lot of time focusing on your business relationships, securing dependable supply chains and building up your client base. While each of these components of your operations are key to success, there are other aspects that could prove detrimental to your business’s finances and its reputation. One of them is allegations of workplace discrimination. If inappropriately addressed, one of these claims can leave you facing a large judgment and a mark on your standing in the community and your field of operations.
Fortunately, there are ways to reduce the risk of being successfully sued for workplace discrimination. In a recent post we highlighted the value of an employee handbook, which can prove beneficial, but this week we want to look at another aspect of employee relations: progressive discipline.
What is progressive discipline?
Progressive discipline is the process of stepping up the severity of accountability for an employee who continues to engage in behavioral misconduct. In many instances, it starts of with a verbal warning, then progresses to a written reprimand, suspension and then termination. At each stage, you put the employee on notice of the issue at hand and what they need to do to correct it.
Keep in mind, though, that more egregious offenses warrant more significant action, thus justifying a deviation from a progressive discipline plan that you have in place. For example, if it’s found that an employee is stealing from you or they’ve engage in a physical altercation in the workplace, then you’ll probably want to consider something more meaningful and protecting of your business than providing a verbal warning.
How can progressive discipline insulate you from claims of workplace discrimination?
To start, the documentation that’s created through the progressive discipline process will highlight the behavioral wrongdoing in which the employee has engaged. If the employee later claims you treated them unfairly, then you can simply point back to all the times you put them on notice of a legitimate issue, informed them of how to correct it and how they failed to remedy the problem.
Also, progressive discipline enhances your ability to implement consistent practices across all employees. Before deciding where to start with discipline, you can assess how other similarly situated employees have been treated. Again, this will help you show that you have, in fact, treated the employee in question the same as other individuals who have displayed similar behavioral issues, which could tamp down their accusations of discrimination.
Progressive discipline also gives you the opportunity to coach your employee and help them grow as a worker. This can build trust, create transparency and improve morale. If things don’t improve and you end up terminating the employee, then they’ll hopefully be less likely to have a knee-jerk reaction to it and will instead understand why you took the action you did.
Effectively protect yourself against workplace discrimination claims
It’s almost inevitable that at one time or another you’ll be subjected to allegations of workplace discrimination. Although it can be stressful to be on the receiving end of these accusations, you shouldn’t let your anger or frustration blind you to the steps necessary to protect your interest. Instead, you should carefully analyze the facts asserted in the claim and educate yourself on the law. You may find that the allegations are without merit, but you could also determine that you need to consult with your employment law attorney to figure out what defenses are available to you.
Either way, don’t just sit back and let the chips fall where they may. Be proactive in protecting your business. By doing so, you’ll increase the chances of successfully shielding your business from any threats of harm that have been presented.