A workplace discrimination claim can threaten your business or agency on many levels. If successful, the claim’s judgment can be costly to pay out, and it can damage the goodwill you’ve built with your employees and your consumers.
That’s why it’s imperative that you implement risk mitigation strategies that seek to head off these claims before they arise. One way to do that is to engage in progressive discipline.
How progressive discipline works
Progressive discipline involves accountability measures that are incrementally severe in nature, but that put the employee on notice of problematic behavior, thus giving them multiple opportunities to correct the behavior before termination occurs.
You may start with a verbal or written warning, then move on to reprimands and suspension before moving to termination. Of course, if something egregious occurs, then you may need more severe forms of accountability right away.
However, by utilizing progressive discipline, you create a strong track record of your disciplinary justifications. This better insulates you from allegations of discrimination or retaliation. Just make sure that you implement your disciplinary practices in a fair and consistent way across all employees, and that you give the employee an opportunity to correct whatever issue may be at hand.
What if an employee claims that they were unfairly disciplined?
When this happens, you should hear them out. If you find that they’re right, then take remedial action. If they’re not, then document everything and be prepared for any legal fight that may be ahead.
If you’ve been thorough in documenting everything, including the resources you’ve provided to the employee, then you should be on strong legal footing to protect yourself from allegations of wrongdoing.