I have been practicing employment law in Los Angeles and the surrounding counties and occasionaly in other Pacific Western states, for 26 years. This career experience has taught me a number of important principles and facts about employment law discrimination lawsuits.
For example, monitoring Verdicts & Settlements, EEOC and DFEH statistics, and handling more than a thousand cases for both employees and employers, it is clear that Los Angeles businesses are targets for discrimination lawsuits. Employers commonly think it is best to fight off discrimination lawsuits. This decision often costs far more than early settlement would have. Indeed, it is astronomically greater than preventative measures in the first place.
Here is a list of things an employer can do to improve employee morale, productivity, and minimize lawsuits.
1) Educate all employees on the laws mandating a discrimination free workplace. This education should be on-going, not a one time shot.
2) Ask for employee feedback on how the goal of a discrimination workplace can be best achieved. Listen to the comments and suggestions.
3) Implement a simple and efficient protocol to address employee complaints. Too often employers go on the defensive and things escalate from there. Employers should welcome any concerns from employees.
4) Under no circumstances retaliate against an employee who reports what he or she believes is unlawful discrimination in the workplace, even if the employee is wrong. The only exception to this rule is if the employer is able to establish that the accusation of discrimination is fabricated. Then, of course, appropriate action must be taken, but that wouldn't be retaliation.
5) Employers need to make sure the managers and supervisors that are handling charges of discrimination put their egos aside and be as objective as possible. Some employers opt for an outside investigator, but then direct the outside investigator to reach a decision favorable to the employer regardless of the facts. This is an abuse of power and deceitful. Don't do that.
6) Treat employees with respect and dignity. Be fair, creative, and actively undertake prompt remedial action if there is discrimination taking place. If the employee's charge can not be established, taking some steps that will help the employee may still be appropriate. Employees who are ignored become more and more disgruntled and file lawsuits.
7) Think of the employee who complains about perceived unlawful discrimination as an important asset to the company instead of being a problem employee. Peer groups help evaluate unlawful discriminaton complaints which helps employers and employees.
8) Have peer groups help evaluate the charge of discrimination. If the employee's charge of discrimnation is determined to be without merit, it is much easier for the employee to hear that news from his or her co-workers than management which is perceived to deny all claims.
The Abel Law Offices have represented employees in pre-litigation and litigation of employment discrimination cases. If your business is experiencing more than an occasional complaint of unlawful discrimination, consider getting professional advice to assess the problem and correct it. This is one important service offered by The Abel Law offices that serves Los Angeles, Orange County, the San Fernando Valley, and Ventura County.
