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4 Strategies to Reduce the Risk of Discrimination Claims

Each year, the Equal Employment Opportunity Commission (EEOC) releases an annual report detailing the number of charges received the prior fiscal year. Post-pandemic, each year has seen an increase in the quantity of charges.  The EEOC received over 81,000 new discrimination charges in 2023; over a 10% increase from 2022. Additionally, the latest annual report shows the agency secured over $665 million to resolve discrimination cases in 2023, which was almost a 30% increase from 2022. 

How can employers avoid becoming part of these statistics? 

Employers must be aware of potential risk and ensure that they’re cognizant of the optics in decisions made from hiring to firing. Consult with the HR experts at Lever1 before taking action to ensure these decisions have documented and nondiscriminatory reasons to support them. 

Employers can reduce the risk of discrimination charges and create a positive culture by concentrating on the strategies below. 

     1. Fair Hiring Practices and Reinforcement of Core Values  

Employers need strong job descriptions and standardized interview questions to ensure they’re attracting the best candidates and providing fairness and objectivity in interviews. Utilize Lever1 to draft or revise job descriptions and ensure your interview questions are both fair and effective. 

Implement recruitment strategies that target a diverse pool of candidates. 

  • Establish relationships with organizations such as women-focused groups, historically black universities, and LGBTQ+ groups. 
  • Ensure inclusive language is used in job postings.  

     2. Maintain a Clear Anti-Harassment Policy & Respond to Misconduct 

Utilize Lever1 to share a comprehensive anti-discrimination policy that complies with federal, state, and local laws with your employees. Lever1 provides annual anti-harassment training to reinforce your zero-tolerance policy, educate on reporting procedures, and communicate that no retaliation will be tolerated for those who bring forward a report. 

Apply consistent enforcement of the anti-harassment policy in addition to your specific company policies. It is also vital that employers respond appropriately when a report of harassment or discrimination is brought forward. Lever1’s team of experts can help conduct a thorough and objective investigation into the allegations. 

     3. Performance Management 

Conduct regular check-ins and reviews with your employees. Document coaching conversations, positive and negative feedback given to employees, and annual performance reviews. Use objective criteria for performance evaluations, promotions, and disciplinary actions. 

     4. Use Your Partner in Lever1 to Stay Up-To-Date with Legal Compliance 

Lever1 consistently monitors changes in regulations, employment law, and best practices to keep you and your company compliant. Your Lever1 team assesses potential risks and makes objective recommendations based upon data and key factors.  

In an era where discrimination charges and costly legal battles are on the rise, it’s crucial for employers to adopt proactive strategies. By focusing on fair hiring practices, maintaining a clear and consistent anti-harassment policy, implementing comprehensive performance management, and staying current with legal compliance, you can safeguard your organization against potential pitfalls. Lever1 stands ready to support you in these efforts, offering expertise and resources to help navigate the complexities of employment law and foster a positive, inclusive workplace culture. Partner with Lever1 to ensure your organization not only avoids becoming a statistic but thrives as a model of fairness and compliance. 

 

Jordan Hammack | Director of HR Services 

Jordan provides multiple years of both management and HR experience. Throughout her time in these positions, she found her passion was providing support and resources to employees and management alike. At Lever1, Jordan leads new client implementation and assists new companies in establishing policies and procedures, a company handbook, job descriptions, training and development, and more.