You can preach your zero-tolerance policy on discrimination and retaliation until you’re blue in the face—and sometimes it still makes no difference. Occasionally a supervisor will say or do something stupid that gets the company dragged into court.
Perhaps it’s sheer oblivion. Or maybe it really is a secret antipathy toward members of a protected class. If so, that kind of bias can be extremely difficult to catch.
However, there are steps you can take to avoid liability. Ordinarily, if an employer simply rubber-stamps a biased supervisor’s discipline or discharge recommendations, it will be liable for that discrimination. But that’s not the case if the employer takes concrete steps to review all employment decisions before they are finalized. Such a review enables an employer to document a solid reason for deciding to act.
Recent case: Jerry Godby, who is white, worked as a facilities manager for insurance servi...(register to read more)
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