Preventing Discrimination Against Individuals Checklist

TRAINING Understand the types of discrimination prohibited by law



    Equal Pay/Compensation

    Genetic Information


    National Origin






    Sexual Harassment

  Educate and comply with federal, state, and local discrimination laws.

Title VII of the Civil Rights Act

Age Discrimination in Employment Act

Americans With Disabilities Act

Fair Labor Standards Act (FLSA)

Family Medical Leave Act (FMLA)

Genetic Information Nondiscrimination Act

Equal Pay Act

Immigration Reform and Control Act Civil Rights Act of 1866 (§1981)

JOB FUNCTIONS Examine role and identify each position’s “essential functions” Detail these functions in clear and objective language
  Zero in on an individual’s performance of the essential duties in critiquing his/her performance Employment decisions must be focused on job-related abilities and skills
POLICIES Create and maintain an employee handbook Establish and implement procedures for dealing with illegal discrimination
  Review employment policies for unfair and negative impact on a protected class Such as race, religion, ethnicity, gender, age, disability, or pregnancy
  Establish a zero tolerance for any unlawful activity Consistently enforce policy
  Use caution when making an employment decision which affects a member of a protected class Consult with HR and executive leadership
  Document all performance issues Maintain copious notes and create Memos to the File to record observations and oral conversations contemporaneously
  Treat all employees equally and consider all discrimination or harassment issues seriously and in a professional manner  
  Be vigilant about the workplace for discriminatory activities This can include offensive materials jokes, email, or other inappropriate conduct
  Document rationale for decisions on wages, benefits, and other treatment of employees  
TERMINATION Document that a layoff or transfer was based on a “business necessity”
  Follow HR guidelines for terminating an employee Document all actions
RETALIATION Do not retaliate against an employee for filing a discrimination complaint This is against the law
  Do not retaliate against any employee who exercises their rights under the law, takes authorized leave, or requests an accommodation This is against the law
HIRING Do not make placement decisions based on any factor or characteristic unrelated to job performance
INVESTIGATION Consider appointing an outside third-party to coordinate and investigate all complaints of discrimination Consult with HR


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