According to Equal Employment Opportunity Commission, race charges are most frequently filed. Sex discrimination is the next most common type, followed by retaliation. Disability, age and national origin claims come next. The number of retaliation claims is often surprising to people as many don’t realize that how you respond to a complaint is every bit as important as whether or not you’ve discriminated in the first place. In fact, some employers “win” discrimination claims and lose related retaliation allegations.
Pregnancy discrimination cases were at record highs as were the number of harassment cases filed by males (15% of all claims). Last year’s 75,768 claims against private employers was the first increase in filings since 2002.
How do you avoid these claims? There’s a simple, although less than glamorous solution. Implementing good, basic HR practices is the key. Train your managers and supervisors. Adopt, consistently use, and regularly communicate solid policies. Employ an effective performance appraisal system. Set high expectations for professional conduct, fairness, and respect in the workplace. Many discrimination cases have very little to do with discrimination but arise because an employee feels that he or she has been badly treated. Finally, use common sense. Much of HR and employment law is really about common sense and those people skills we learned in kindergarten.