The following is not meant to be legal advice, and is provided for information purposes.
On September 30, 2006, Diana Maier, an employment law and criminal defense attorney, spoke in San Francisco, CA on discrimination prevention issues in the hiring, promotion, and termination process.
In the hiring process, discrimination issues may arise during the interview process. In interviews, employers should stay away from questions that relate to any protected categories, including race, religion, gender, national origin, age. To be cautious, it is best to stay away from personal discussions altogether. For instance, a discussion on music may date a person, leading to possible allegations of age discrimination. When a candidate volunteers information, employers should steer the discussions back to qualifications. Inquiries should be job related, and asked to every candidate consistently. For instance, questions on convictions but not arrests may be asked because statistics indicate that minorities are disproportionately arrested.
Performance evaluations should exclude any criticisms on situations where the employee had the right to do. For example, absences within an employee’s allotted sick days or leave rights should not be evaluated. Appraisals should give the employee an opportunity to provide input such that the individual feels a part of the process and receives fair warning of wrongful conduct.
Termination procedures that are discussed in an employee handbook should be followed and applied to all employees consistently. During investigations, suspending employees with pay will make them feel treated well.
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