How can the employer minimize discrimination and wrongful termination cases?
First, the employer should establish a zero-tolerance policy regarding all forms of discrimination. The policy should explicitly state that violation of these polices will result in immediate discipline, up to and including termination. Second, the employer should have a procedure for reporting discrimination that does not involve the alleged perpetrator and that is handled as confidentially as possible under the circumstances. Employees should be informed that there will be no retaliation for reporting discrimination. Third, the human resources department should have a procedure in place to promptly investigate all forms of discrimination, including interviewing the victim, perpetrator and all witnesses. Fourth, the HR department’s response is critical. When there is a complaint, the employer has an obligation to promptly investigate and take remedial action. The appropriate remedial action depends on the nature of the complaint and what the investigation reveals. These policies and p