- 1). Understand the law. To avoid a gender discrimination lawsuit, employers need to understand the basics of the law and the types of conduct that are prohibited. In addition to the the prohibitions against gender-based discrimination in the hiring and advancement of employees, the laws prohibit discrimination in any other terms or conditions of employment. Gender discrimination also includes employment decisions based on maternity or pregnancy. These laws apply to all public and private employers with 15 or more employees.
- 2). Perform a workplace assessment. Assess the current composition of your workforce to ensure that male and female employees performing the same work are being paid equally, and that neither gender is being promoted disproportionately. By addressing and remedying any disparity revealed during the assessment, you can help avoid the possibility of a gender discrimination lawsuit.
- 3). Implement procedures and policies. Make sure that your employment manual has a policy stating that all employment decisions are made without regard to gender. Have your employees sign an acknowledgment that they understand and will abide by this policy. Your manual should also include a procedure for addressing complaints of gender discrimination. Respond promptly and thoroughly to all complaints to avoid a gender discrimination lawsuit.
- 4). Document everything. Maintain detailed and accurate records that document the reasons behind every hiring, firing and advancement decision. These documents should explain the non-gender-based criteria that were used for the employment decision.
- 5). Train supervisors. Supervisors and managers can be your first line of defense against a gender discrimination lawsuit. Bring in professional trainers to educate supervisors on the conduct and activities that constitute gender discrimination and to promote correct employment practices. Proof of such training programs can also provide a defense in the event of a potential gender discrimination lawsuit.
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